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ARTICLE · 03 JANUARY 2018

DESIGNED WITH YOU IN MIND Fails To Function As A Service Mark, Says TTAB

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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The Board affirmed a refusal to register the applied-for mark DESIGNED WITH YOU IN MIND under Sections 1, 2, 3, and 45 of the Trademark Act.

United StatesLitigation, Mediation & Arbitration
John L. Welch
John L. Welch
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The Board affirmed a refusal to register the applied-for mark DESIGNED WITH YOU IN MIND under Sections 1, 2, 3, and 45 of the Trademark Act, finding that the phrase is a "common informational message that fails to function as a service mark" for "wholesale distributorship services featuring consumer goods, namely, floor covering such as rugs and mats, flooring material such as laminates, bedding linens, animal beds, and bathroom accessories." Applicant Dynamix pointed to eight registrations for the identical phrase for various goods and services, but to no avail. In re Home Dynamix, LLC, Serial No. 87116576 (December 21, 2017) [not precedential] (Opinion by Judge David K. Heasley).

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