IP Law Daily, TRADEMARK—TTAB: BLACK BIRTHING BILL OF RIGHTS was registrable because used as a mark, (Aug 26, 2022)
Law Firms Mentioned:Berdinis Law PC
Organizations Mentioned:National Association to Advance Black Birth
By Kevin M. Finson, J.D.
The proposed mark, BLACK BIRTHING BILL OF RIGHTS, was registerable because it was used as a mark to identify the services of promotion of Black maternal and infant health care.
A proposed mark was used as a source indicator, the Trademark Trial and Appeal Board has held. The mark, as used on the specimens provided, would be associated with the registrant and its promotion of Black maternal and infant care. As a result, the Board reversed the refusal to register (In re National Association to Advance Black Birth, August 23, 2022, Shaw, T.).
The National Association to Advance Black Birth (NAABB) sought registration of the standard character mark BLACK BIRTHING BILL OF RIGHTS on the Principal Register for use with services including “Promoting public awareness of the rights and needs of Black women and birthing persons in connection with maternal and postpartum care by means of public advocacy” in International Class 35. The Examining Attorney refused registration on the grounds that the proposed mark failed to function as a mark and that the specimens provided did not show the mark in use in commerce in connection with the identified services.
Use as a mark. The Examining Attorney argued that the phrase BLACK BIRTHING BILL OF RIGHTS was informational, used in connection with a list of rights Black women should expect to receive. NAABB argued that it used the phrase on its specimens as a way to advocate and increase awareness. TTAB held that the mark was used in rendering the identified services and acted as an identifier of NAABB as the source of those services. The mark was used on Instagram posts and other resources to identify NAABB. This use with the provision of the specified services was “in commerce.” Accordingly, the Board reversed the refusal to register.
The case is Serial No. 90581377.
Attorneys: Michele Berdinis (Berdinis Law PC) for National Association to Advance Black Birth. Kim Teresa for the USPTO.
Companies: National Association to Advance Black Birth
Cases: Trademark USPTO