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TTAB Finds "THE FITNESS SNEAKER" Generic for ... Guess What?

If you guessed "footwear, namely, sneakers with structural features to contribute to fitting comfort during use thereof," you hit the nail with your head. The Board affirmed a refusal to register the designation THE FITNESS SNEAKER for those goods on the ground of genericness. In re Men's Fitness Unlimited, LLC, Serial No. 76640536 (August 30, 2010) [not precedential].The Board found the genus of goods to be "sneakers." "The fact that the sneakers are structured to fit a certain way does not change the nature of the goods as sneakers or the name of the category of goods as sneakers."Examining Attorney Nakia D. Henry submitted definitions of "fitness" and "sneaker," as well as printouts from websites "showing that sneakers used for fitness activities are typically referred to as a 'fitness sneaker,' and that they are advertised and promoted by others as a 'fitness sneaker...continue to full post

Full post as published by The TTABlog on September 22, 2010 (boomark / email).