Okay, all you pet lovers, sink your teeth into this one. The USPTO refused to register the marks LICKMAT and LICK MAT, in standard character form, for "Feeding receptacles for pets, namely, bowls, dishes, and troughs, all for feeding" and for "Pet amusement mats being pet toys; pet toys; chewable pet toys," finding the marks to be merely descriptive of the goods under Section 2(e)(1). Applicant Innovative argued that there are no dictionary definitions for these terms, and further that both "lick" and "mat" have a wide variety of possible meanings. How you do think this came out? In re Innovative Pet Products Pty Ltd., Application Serial Nos. 90093231 and 90093238 (October 24, 2022) [not precedential] (Opinion by Judge Marc A. Bergsman).
The Board first observed that the space between LICK and MAT in applicant's compound mark is inconsequential and "even if noticed or remembered by consumers does not distinguish these marks." Based on dictionary definitions of the two words, the Board concluded that "a LICKMAT or LICK MAT is a mat for licking." Examining Attorney Natalie M. Polzer submitted webpage evidence showing use of the term in connection with "lick mats" for dogs and cats, one webpage describing the mats as an "enrichment toy for dogs and cats, like puzzle toys," that encourage the animal to up the food from the mat.
The fact that the term LICK MAT does not appear in any dictionary is not dispositive if the USPTO can show that the term has a well understood and recognized meaning. Applicant Innovative contended that because the websites define what a lick mat is, the term does not immediately describe the products. The Board was unmoved.
Finally, Innovative argued that "lick" and "mat" both have various possible meanings. However, the Board noted, descriptiveness is not analyzed in a vacuum but in the context of the goods in question. "Specifically, '[w]e ask 'whether someone who knows what the goods and services are will understand the mark to convey information about them.''"
And so, the Board affirmed the refusal to register.
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