The Board found that the relevant size and placement of the wording, including the mark THERAPEDIC followed by the registration symbol, “gives the impression” that the THERAPEDIC mark “identifies the sheet set as a whole.” The relatively small size and placement of THERAFIT “contribute to it being perceived as identifying the elastic feature of the sheets, rather than the sheets themselves.” Also, the design element incorporating the term “fit” suggests the elasticized corners of the fitted sheets.
Applicant argued that the goods fall in class 24 (the classification for the finished product), since the elastic cannot be “disassociated” from the sheets. The Board was unmoved. “Classification is assigned according to the goods as identified in the application, and is not indicative of whether the specimen shows use of the designation as a trademark for the identified goods.”
The Board concluded that consumers “will not directly associate the proposed mark with the involved goods such that it would indicate the source of the goods.”
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TTABlog comment: According to TMEP § 1402.05(a), “Components or ingredients sold as part of a finished product are classified in the class of the finished product, since the components or ingredients have been incorporated into other finished goods.” So perhaps THERAFIT is registrable as a component of bed sheets?
Text Copyright John L. Welch 2019.