Finding that relevant consumers would understand the term MALAI
to refer to a key aspect of "ice cream, gelato, dairy-free ice
cream, frozen yogurt, frozen desserts, ice cream sandwiches,
sorbet, freezer pops, and ice cream sundaes," the Board
affirmed a refusal to register on the ground of genericness.
In re Twenty-Two Desserts, LLC, Serial No. 86586833
(August 6, 2019) [precedential] (Opinion by Judge Frances
Wolfson).
The Board applied its standard two-part test for determining
whether a term is generic: (1) what is the genus (class or
category) of the goods or services at issue; and (2) does the
relevant public understand the term primarily to refer to that
genus. Princeton Vanguard, 114 USPQ2d at 1830 (citing
Marvin Ginn, 228 USPQ at 530); Couch/Braunsdorf
Affinity, Inc. v. 12 Interactive, LLC, 110 USPQ2d 1458, 1462
(TTAB 2014). "Any term that the relevant public uses or
understands to refer to the genus of goods, or a key aspect or
subcategory of the
