SY Custom, Inc., who offers services under the name "The Tailory of
New York," petitioned for cancellation of a registration
(on the Supplemental Register) for the mark THE
TAILORY for "custom tailoring and
dressmaking," on the ground of genericness. SY Custom relied
on a dictionary definition of "tailory," on 32 testimony
declarations, and on Internet evidence showing the term
"tailory" and similar terms. How do you think this came
out? Not a fair question, I know, because you have to look at the
evidence first.
SY Custom, Inc. v. The Tailory, LLC, Cancellation No.
92070569 (August 12, 2021) [not precedential] (Opinion by Judge
Michael B. Adlin).
As usual, the Board found the genus of services at issue to be
adequately defined by the recitation of services in the targeted
registration. Noting that the word "custom" is
superfluous since all tailoring is "custom," the Board
found the relevant public to be consumers of these services,
whether simple or
