The TTAB affirmed a refusal to register POND
POTS for "fabric containers for growing plants,"
on the ground of genericness. Applicant argued that POND POTS was
neither generic nor merely descriptive, and if merely descriptive
had acquired distinctiveness under Section 2(f). None of its
arguments held water. In re High Caliper Growing, Inc.,
Serial No. 86589047 (August 30, 2017) [not precedential] (Opinion
by Judge Anthony R. Masiello).
Genericness: The Board found the identification
of goods to be an adequate expression of the genus of goods at
issue. Examining Attorney Lauren E. Burke maintained that
applicant's goods are containers that may be used for growing
aquatic plants in ponds. She made of record five Internet pages in
which "pond pots" is used to refer to containers used for
growing aquatic plants in ponds, including pots made of fabric.
Applicant argued that POND POTS is not used to refer to
all fabric pots, but the Board pointed out that it
