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ARTICLE · 11 NOVEMBER 2021

TTABlog Test: Is "SPECTACLES" Generic For Computer Hardware And Peripherals Wearable As Glasses?

Wolf, Greenfield & Sacks, P.C.
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The USPTO refused to register the proposed mark SPECTACLES for wearable computer hardware and peripherals, on the ground of genericness.

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused to register the proposed mark SPECTACLES for wearable computer hardware and peripherals, on the ground of genericness. Applicant Snap argued that its product does not correct vision, but is "a sophisticated digital camera with a battery and related software and hardware that allow users to upload pictures and short videos to the Snapchat photo/video sharing and social networking application." How do you think this appeal came out? In re Snap Inc., Serial Nos. 87177292 and 87211997 (November 3, 2021) [not precedential] (Opinion by Judge Michael B. Adlin).

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The Board found the relevant public to be "vast, and practically coextensive with the consuming public at large, due to the ubiquity of computer hardware, software and peripherals in today's society." The genus of the goods at issue was found to be "hardware and peripherals that are wearable as glasses."

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