TTAB Dismisses Counterclaim On Summary Judgment For Failure To Prove SNAPCHAT Is Generic

The Board dismissed Applicant NfoSnap's counterclaim alleging that the mark SNAPCHAT is generic for "computer application software for mobile phones, portable media players, and handheld computers, namely, software for sending digital photos, videos, images, and text to others via the global computer network," due to failure of proof. NfoSnap submitted evidence regarding the genericness of "snap" and "chat" as separate terms, but failed to raise "a genuine dispute as to the genericness of the combination SNAPCHAT in the face of NfoSnap's own evidence to the contrary." Snap Inc. v. NfoSnap, Inc.., Opposition No. 91238805 (April 23, 2020) [not precedential].


NfoSnap applied to register the mark NFOSNAP for "computer software to allow controlled access for one or multiple users to scan an optical code with a portable computer or imaging device to access custom and interactive content." Snap, Inc. opposed, claiming likelihood of confusion with, and likelihood of