Evidence of family of marks can be used to prove acquired distinctiveness of new member of family

United States of America

In In re LC Trademarks Inc, the TTAB has held that an applicant’s evidence of a family of marks can be used to help prove acquired distinctiveness for a new member of that family. However, the TTAB found that the applicant for the registration of the mark DEEP!DEEP! DISH PIZZA for pizza had failed to provide sufficient evidence to do so.

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