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TTAB Finds "ToeSox" Generic for ... Guess What?

The Board affirmed a refusal to register the term ToeSox on the Supplemental Register, finding it to be generic for "socks." Applicant floated a few feeble arguments to fend off the refusal, but all were futile. In re ToeSox, Inc., Serial No. 77109709 (March 26, 2010) [not precedential].The Board first deemed the genus of goods at issue to be "socks," a genus that includes "toe-fitting socks (i.e., socks that delineate the individual toes)." The relevant public "consists of the ordinary consumer interested in purchasing socks, including toe-fitting socks."Examining Attorney Leigh A. Lowry provided the clear evidence needed to establish a prima facie case of genericness: a Wikipedia entry for "toe socks"; a bunch of Internet website pages and blog entries using the term generically; three registrations using "toe socks" in their identifications of goods; 440 LexisNexis articles referencing "toe socks"; and a Walgreens advertisement for "Super Soft Toe Socks and Glove Set...continue to full post

Full post as published by The TTABlog on April 02, 2010 (boomark / email).