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Federal Circuit Declares “” to be Generic

The Federal Circuit has affirmed the Trademark Trial and Appeal Board’s (TTAB) decision finding “MATTRESS.COM” to be generic in relation to online retail store services in the field of mattresses, beds, and bedding. The TTAB found that consumers would recognize MATTRESS.COM as a term that denotes a commercial website rendering services featuring mattresses. The “.com” did not create any additional meaning and did not affect the term’s genericness, according to the TTAB. The TTAB also rejected the applicant’s argument that “com” evoked the words “comfort” or “comfortable” and rejected the idea that the mark served as a mnemonic. The Federal Circuit found substantial evidence supporting the TTAB’s decision and consequently affirmed the TTAB’s decision.

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