USPTO erred in not considering “Pretzel Crisps” mark as a whole

May 18, 2015

Below is a decision issued by the Federal Circuit regarding the USPTO’s failure to consider the mark PRETZEL CRISPS as a whole.  While this decision, of course, does not necessarily mean that the mark is not generic, it does mean that the USPTO applied the law incorrectly the first time around.  The USPTO may still find that the mark is generic even after applying the correct standard.  Please see the link below for the full decision.

Princeton Vanguard, LLC v. Frito-Lay North America, Inc. 14-1517