IP Law Daily, TRADEMARK—TTAB: ‘LOW CARBON BEEF’ mark for beef processing certification services denied registration, (Mar 18, 2024)

By Saurabh Kashyap, B.A., LL.B.

The Board found that the proposed mark merely described the claimed services and that the provided specimen failed to demonstrate the mark's use in commerce.

In a non-precedential decision, the Trademark Trial and Appeal Board (TTAB) affirmed a Trademark Examining Attorney’s refusal to register the proposed mark LOW CARBON BEEF as a certification mark for beef processing services citing mere descriptiveness and inadequate specimen of use (In re Low Carbon Technologies, LLC , March 15, 2024, Lebow, M.).

Background. The applicant, Low Carbon Technologies, LLC, applied to register the mark LOW CARBON BEEF ("BEEF" disclaimed) in standard characters as a certification mark on the Principal Register for "beef processing" in Class B. The Trademark Examining Attorney finally refused registration on the grounds that the mark merely described a feature of the services being certified under Section 2(e)(1) of the Trademark Act, 15 U.S.C. § 1052(e)(1), and the specimen of use submitted by the applicant did not show the applied-for mark as actually used in commerce as a certification mark for Class B under Sections 1, 4, and 45 of the Trademark Act, 15 U.S.C. §§ 1052, 1052, 1127. After the Trademark Examining Attorney refused to register the mark, the applicant appealed.

Mere descriptiveness. The applicant argued that the proposed mark LOW CARBON BEEF is not merely descriptive and only suggestive, contending that the mark requires consumers' imagination, thought, or perception to understand its significance. The TTAB observed that a mark is deemed merely descriptive if it directly conveys information about a quality, feature, function, or characteristic of the goods or services with which it is used.

Moreover, the TTAB elaborated on the concept of mere descriptiveness by examining the specific usage of the term “LOW CARBON” within the context of beef processing and agreed with the Trademark Examining Attorney's view that the term “LOW CARBON” is a well-understood descriptor in the food industry, signifying products produced with a smaller carbon footprint. The argument was strengthened by evidence from various third-party sources, demonstrating the term's usage across the food industry to denote environmental friendliness. Thus, the Board concluded that the proposed mark merely described the claimed services.

Specimen of use. Regarding the specimen of use, the TTAB stated that a specimen must directly associate the mark with the certified services in the minds of potential consumers. The Board scrutinized the specimens provided by the applicant, which consisted primarily of beef packaging labels. These labels failed to explicitly reference the certification services or establish a direct link between the mark and the beef processing services. The TTAB highlighted that certification marks must demonstrate use in certifying the characteristics or standards of the services rather than merely identifying the goods.

Furthermore, the applicant argued that its association with a U.S. Department of Agriculture-approved program should validate the specimen as appropriate for demonstrating use in commerce. However, the Board found this argument insufficient because the specimen did not clearly show the mark in a manner that would lead consumers to associate it directly with the certification services rather than just the beef product.

Ultimately, the TTAB agreed with the Trademark Examining Attorney that the provided specimen did not establish a direct association between the mark and the beef processing certification services in the minds of potential consumers.

The case is Serial No. 88632729.

Attorneys: Zachary A.P. Oubre (McAfee & Taft) for Low Carbon Technologies, LLC. Sara Anne Helmers for the USPTO.

Companies: Low Carbon Technologies, LLC

Cases: Trademark USPTO