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TTAB Finds "THE FLYER" Not Generic for Advertising Shopper Services

In this yawner, Applicant Harte-Hanks convinced the TTAB that a "shopper" is not a "flyer," and so the Board reversed a genericness refusal of the mark THE FLYER for advertising services relating to shoppers. In re Harte-Hanks, Inc., Serial No. 77017666 (June 30, 2010) [not precedential].As we know, the test for determining genericness involves two questions: what is the genus of the services? And is the applied-for term understood by the relevant public primarily to refer to that genus? See H. Marvin Ginn Corporation v. International Association of Fire Chiefs, Inc., 782 F.2d 987, 228 USPQ 528 (Fed. Cir. 1986).The Examining Attorney contended that the genus of the services is advertising flyer services, and that the relevant public understands the term "flyer" to refer to this type of advertising circular...continue to full post

Full post as published by The TTABlog on August 11, 2010 (boomark / email).