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. This notion reflects the Board’s earlier decisions that if the term is used as a designation of source (i.e.,
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