Final decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (Board) refusing registration of the mark “Mattress.com” is affirmed as the Board’s decision finding the mark generic in relation to the recited services was supported by substantial evidence.     

Read In re 1800Mattress.com IP., LLC, No. 09-1188

Appellate Information

Appeal from:  United States Patent and Trademark Office, Trademark Trial and Appeal Board

Decided November 6, 2009

Judges

Before:  Lourie, Friedman, and Prost, Circuit Judges

Opinion by Circuit Judge Lourie

Counsel

For Appellant:  Francis J. Duffin, Wiggin and Dana LLP

For Appellee:  Raymond T. Chen, Office of the Solicitor, USPTO.

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