TTAB Ruling Highlights the Importance of Accurate Goods Descriptions in Trademark Applications

In a recent decision, the Trademark Trial and Appeal Board (TTAB) emphasized the importance of accurately describing goods and services in trademark applications. In the case of In re Locus Link USA, the TTAB affirmed the cancellation of two registrations for the marks SMARTLOCK and SMARTLOCK with design due to discrepancies between the goods listed in the registrations and the actual products offered under the marks.

Case Background

Locus Link USA registered the SMARTLOCK marks for “components for air conditioning and cooling systems, namely, evaporative air coolers” in International Class 11. However, the company primarily sold refrigerant fittings used to connect air conditioning and cooling unit piping rather than complete evaporative air coolers. This misrepresentation led to a legal challenge and subsequent cancellation of the registrations.

TTAB’s Analysis and Decision

The TTAB’s decision hinged on the improper use of the term “namely” in the goods description. According to the Trademark Manual of Examining Procedure (TMEP) §1402.03(a), “namely” should be followed by specific items that fall within the scope of the preceding general category. In this case, Locus Link USA’s description suggested they offered complete evaporative air coolers, not merely components. The TTAB concluded that the identification did not accurately reflect the goods sold, leading to the cancellation of the registrations.

Implications for Trademark Applicants

This decision underscores several key points for trademark applicants:

• Precision in Descriptions: Ensure that the goods or services listed in the application precisely match what is offered under the mark.
• Proper Use of “Namely”: When using “namely,” follow it with specific items that are encompassed by the preceding general term.
• Consulting the TMEP: Refer to the TMEP guidelines to craft accurate and acceptable identifications of goods and services.
• Avoiding Overgeneralization: Do not use broad terms that could misrepresent the nature of the goods or services.

Conclusion

The In re Locus Link USA decision serves as a crucial reminder of the necessity for accuracy and clarity in trademark applications. Applicants should meticulously describe their goods or services to align with their actual offerings, ensuring compliance with trademark regulations and avoiding potential legal challenges.

For more detailed information, refer to the TTAB’s decision in In re Locus Link USA, 2024 USPQ2d 1181 (TTAB 2024).