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Finding "ORGANIC ASPIRIN" Deceptively Misdescriptive of and Deceptive for Dietary Supplements, TTAB Sustains Bayer Opposition

The Board sustained an opposition to registration of the mark ORGANIC ASPIRIN for "dietary supplements for human consumption," finding it to be deceptively misdescriptive under Section 2(e)(1) and deceptive under Section 2(a). Applicant unsuccessfully argued that the combination of "Organic" with "Aspirin" is incongruous since there is no such thing as organic aspirin, and therefore that the mark is inherently distinctive. But Applicant's own advertising materials proved to be a major pain in the argument. Bayer Aktiengesellschaft v. Stamatios Mouratidis, Opposition No. 91185473 (May 21, 2010) [not precedential].Bayer established its standing by submitting it federal registrations for the mark BAYER for vitamin, mineral and nutritional supplements, thereby proving its commercial interest in the proceeding...continue to full post

Full post as published by The TTABlog on June 07, 2010 (boomark / email).