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ARTICLE · 15 APRIL 2021

TTAB Finds CERTIFIED BISON Generic For . . . . Guess What?

Wolf, Greenfield & Sacks, P.C.
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The Board affirmed a refusal to register CERTIFIED BISON on the Supplemental Register for "bison meat; prepackaged meals consisting primarily of bison meat and vegetables, ...

United StatesIntellectual Property
John L. Welch
John L. Welch
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The Board affirmed a refusal to register CERTIFIED BISON on the Supplemental Register  for "bison meat; prepackaged meals consisting primarily of bison meat and vegetables, all of the aforementioned bison meat being certified" [BISON disclaimed] on the ground of genericness under Section 23(c). The Board concluded that consumers will perceive CERTIFIED BISON as a subcategory or subgenus of bison meat. "In other words, relevant consumers perceive the wording CERTIFIED BISON as the subgenus and key aspect of bison meat that meets certain criteria." In re Golden Bison Consolidated, LLC , Serial No. 87980485 (April 12, 2021) [not precedential] (Opinion by Judge George C. Pologeorgis).

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