TTAB Test: Is FARM TO TABLE Merely Descriptive Of Wines?

The USPTO refused to register the mark FARM TO TABLE, finding it merely descriptive of "wines" under Section 2(e)(1), and also concluding that it failed to function as a trademark under Sections 1, 2, and 45 of the Trademark Act. Applicant argued that the mark "cannot describe wine because 'fresh' wines available literally from farm to table would be unaged and undrinkable grape juice." How do you think this came out? In re Fowles Wine Pty Ltd., Serial No. 79157017 (September 15, 2017) [not precedential] (Opinion by Peter W. Cataldo).

The Examining Attorney submitted Internet web pages and articles from major newspapers, referencing the term "farm to table" in connection with wines, wine pairing, and wine and food events. Applicant Fowles provided a table listing 19 third-party registrations for FARM TO TABLE formative marks for food items and related services (but not including wine).