TTAB Deems ‘Allergy Care’ Too Generic For Trademark

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Law360 (December 9, 2019, 3:45 PM EST) — The Trademark Trial and Appeal Board is refusing to allow an “Allergy Care” logo to be registered as a trademark, ruling it a generic term for medical treatment of allergies.

In a precedential ruling issued last Wednesday, the board cited more than three dozen examples of medical professionals and others using the term generically to refer to a type of treatment, not a particular brand.

“‘Allergy Care’ is a phrase commonly used by medical professionals in their advertising to refer to their practices that care for patients with allergies,” Judge Thomas Shaw wrote for the board. “Simply put, prospective consumers seeking…

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