Precedential No. 6: TTAB FInds MECHANICALLY FLOOR-MALTED Generic For ... Guess What?

The Board affirmed the USPTO's refusal to register the term MECHANICALLY FLOOR-MALTED, in standard characters, finding it to be generic for "malt for brewing and distilling" in International Class 31 and "processing of agricultural grain' in International Class 40. Applicant Mecca, relying primarily on the CAFC's Princeton Vanguard decision, contended that the Examining Attorney Dawn Feldman Lehker's evidence did not include use of the exact term "mechanically floor-malted" as a generic designation for the identified goods or services. The Board pointed out, however, that Mecca was misreading the precedent. In re Mecca Grade Growers, LLC, Serial No. 86358219 (March 12, 2018) [precedential] (Opinion by Judge Angela Lykos).