Concluding that DENVER MIX "is
the name of a key aspect of popcorn, specifically, the flavor of
the popcorn," the Board affirmed a refusal to register the
proposed mark on the ground of genericness. In the alternative, the
Board found the term to be merely descriptive and lacking in
acquired distinctiveness.
In re Doc Popcorn, LLC, Serial No. 88151165 (April 29,
2021) [not precedential[ (Opinion by Judge Kuhlke)
Genericness: The Board found the genus of
the goods to be "popcorn" and the relevant consumers to
be the general public.
Examining Attorney Mark Shiner maintained that "[i]n
relation to popcorn, the evidence shows that the wording
'Denver' when used alone or together with 'mix'
means the combination of white cheddar cheese popcorn and caramel
popcorn." He submitted 25 examples of third-parties using the
term DENVER MIX and 13 using the term DENVER aaone "to refer
to a key aspect of the popcorn, specifically the flavor mixture of
caramel and white
