The USPTO refused registration of the mark ORIGINAL
GRAIN in the form shown below, finding it to be merely
descriptive of restaurant services. The Examining Attorney
contended that ""the term original grain immediately
informs consumers that the Applicant's restaurant services
feature fare made from or with original grains."
Alternatively, she argued that ORIGINAL GRAIN would be perceived as
puffery as applied to the Applicant's restaurant services. How
do you think this appeal came out? In re Original Grain, LLC, Serial No.
87511343 (January 23, 2020) [not precedential] (Opinion by Judge
Christopher Larkin).
The Board has held that "a mark for restaurant services
which comprises the generic name of a food which is the specialty
of the house is merely descriptive of the restaurant services . . .
." The extensive evidentiary record included online articles
regarding the offering of grains in restaurants as healthy,
Internet webpages displaying various grain
