TTAB Finds "THE JOINT" Generic For .... Guess What?

The Board affirmed a refusal to register THE JOINT, in standard character form, for "Restaurant, bar and catering services" and for "Entertainment services, namely, live musical performances, shows, and concerts; and nightclub services," on the ground of genericness. Alternatively, the Board found that THE JOINT, if not generic, is merely descriptive of applicant's services and lacks acquired distinctiveness. In re HRHH IP, LLC, Serial Nos. 86525431 and 86525425 (April 4, 2018) [not precedential] (Opinion by Judge Robert H. Coggins).

Genericness: The Board found the genus of services at issue to be defined by the recitations of services in the two subject applications. "[T]he relevant consuming public consists of ordinary consumers who attend live musical performances, shows, and concerts, and who use nightclub, restaurant, bar, and catering services."