The Board affirmed a refusal to register the mark
THERAFIT for "bed sheets," agreeing with
Examining Attorney David I that applicant's specimen failed to
show the mark in use in connection with the goods. Instead, the
Board found that "[t]he mark will be perceived as identifying
the elastic component of the bed sheets and not the overall
finished sheets without regard to any of their particular
features." In re Ther-A-Pedic Associates, Inc.,
Serial No. 86983542 (September 13, 2019) [not precedential]
(Opinion by Judge Frances Wolfson).
Applicant's specimen of use (above) depicted packaging for
the goods and displayed the phrase "with THERAFIT
technology." The critical issue, of course, was how the word
THERAFIT would be perceived by the relevant consuming public. In
order to function as a trademark, "Applicant's mark must
be associated with the goods and signify to purchasers the source
of the goods sold or offered for sale."
