The USPTO refused to register, on the Supplemental Register, the
term D'AVOCADO for "high pressure
pasteurized avocado based chocolate confections, mousses, spreads,
puddings and frozen desserts," on the ground of genericness.
Keeping in mind that the Board, in the past year or so, has found
MALAI generic for ice cream products and BLUEBERRY MUFFIN generic
for beer, how to you think this appeal came out?
In re D'Avocado, LLC, Serial No. 87704536 (July 28,
2020) [not precedential] (Opinion by Judge Peter W. Cataldo).
The examining attorney required a translation of D'AVOCADO,
contending that many French speakers use the term as as a generic
identifier for avocado and products made of avocado. Applicant
maintained D'AVOCADO is "a compound mark comprising of
[sic] the English terms 'D' and 'AVOCADO' joined by
an apostrophe," so that no translation is required. The Board
found the USPTO's evidence to be ambiguous:"it is not
clear ... whether the term 'd'avocado'
