In Larry Pitt Associates PC v Lundy Law LLP (Opposition No 91210158, March 6 2018, not precedential) (opinion by Judge Marc A Bergsman), the Trademark Trial and Appeal Board (TTAB) has sustained an opposition to the registration of the slogan “remember this name” as a trademark for legal services on the ground that the phrase does not function as a service mark. Applicant Lundy Law failed to provide direct testimony or survey evidence regarding consumer perception of the slogan as a source indicator.

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