Ruling That "generic.com" Terms May Be Registrable, Supreme Court Affirms Fourth Circuit BOOKING.COM Judgment

In a closely watched case, at least by trademark attorneys, the United States Supreme Court ruled that a proposed mark comprising a generic term coupled with ".com" is not automatically generic, but may be registrable provided that consumers perceive the mark as a source indicator. The Court affirmed the judgment of the U.S. Court of Appeals for the Fourth Circuit, which rejected the USPTO's argument that the combination of ".com" with the generic term "booking" is generic for online hotel-reservation services. [TTABlogged here]. The Supreme Court concluded that "[i]n circumstances like those this case presents, a 'generic.com' term is not generic and can be eligible for federal trademark registration." USPTO v. Booking.com B.V., 591 U.S. ___ (2020).