TTAB Finds ARTESANO Generic For Bread, But If Not Generic, Registrable Under Section 2(f)

In a 49-page decision, the Board affirmed a genericness refusal of the proposed mark ARTESANO for "pre-packaged sliced bread," but it reversed the USPTO's alternative mere descriptiveness refusal, finding that, if ARTESANO is not generic, it has acquired distinctiveness under Section 2(f). Applicant Bimbo argued that the doctrine of foreign equivalents does not apply because consumers will not stop and translate the foreign word "artisano." Bimbo also offered the results of a Teflon survey to show consumer perception. The Board disagreed as to the doctrine and pooh-poohed the survey results. In re Grupo Bimbo, S.A.B. de C.V., Serial No. 87408465 (April 14, 2021) (Opinion by Judge Marc A. Bergsman).