1209.03(v) Key Aspect of Goods or Services
A term may be generic for a genus of goods or services if the relevant public understands the term to refer to a key aspect of that genus, such as a key product that characterizes a particular genus of retail services or identifies a category of goods or services within the genus. See In re Cordua Rests., Inc., 823 F.3d 594, 603-04, 118 USPQ2d 1632, 1637-38 (Fed. Cir. 2016) (finding substantial evidence supported the Board’s conclusion that CHURRASCOS is generic because it refers to a key aspect of restaurant services featuring grilled meat); In re 1800Mattress.com IP, LLC, 586 F.3d 1359, 1361, 1363, 92 USPQ2d 1682, 1683-84 (Fed. Cir. 2009_ (agreeing with the Board’s determination that "mattress" is generic as applied to online retail mattress store services because the term identifies a key aspect of the services); In re Hotels.com, 573 F.3d 1300, 1304, 91 USPQ2d 1532, 1535 (Fed. Cir. 2009) (agreeing with the Board’s determination that, when applied to information services and reservation services dealing with hotels, the term "hotels" is generic because it names a key aspect of the services); In re Cent. Sprinkler Co., 49 USPQ2d 1194, 1199 (TTAB 1998) (finding ATTIC generic for automatic sprinklers for fire protection because the term "directly names the most important or central aspect or purpose of applicant's goods" and would be understood by the relevant public as referring to a category of sprinklers); see also In re Northland Aluminum Prods., Inc., 777 F.2d 1556, 1559-60, 227 USPQ 961, 963-64 (Fed. Cir. 1985) (affirming the Board’s holding that BUNDT is generic for ring cake mix).