Precedential No. 34: "IFG" Fails to Function as a Trademark For Live Plants Because It's a Varietal Name
The TTABlog
NOVEMBER 28, 2022
2006), upheld the USPTO’s long-standing precedent and practice of treating varietal names as generic, affirming the Board’s ruling that the term “Rebel,” as a varietal name for a type of grass seed failed to function as a mark. The CAFC in In re Pennington Seed Co. , 3d 1053, 80 USPQ2d 1758, 1761-62 (Fed. more than five years old - ed. ]
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