by Nate Wooley | November 27, 2012 11:07 am
The U.S. Patent & Trademark Office is rejecting Dunkin’ Donuts‘ (NASDAQ:DNKN) application to trademark the term “Best Coffee in America.”
In denying the request, the USPTO said the claim, based on a 2004 description by a food critic on the Today Show, was “merely laudatory and descriptive” and not a description or name of a product, reports The Christian Post.
The coffee and donuts chain filed for the trademark earlier this month, hoping to carve out an official status as America’s best coffee. That would have allowed it to prevent other firms from describing their product as the best coffee.
In the past, many restaurants and coffee chains have claimed that title. In a Zagat survey, for example, Starbucks (NASDAQ:SBUX) was chosen as best for the last three years with Dunkin’ Donuts coming in second each year.
The rejection letter also says the “applicant’s claim of acquired distinctiveness, based on five years’ use of the mark in commerce, is insufficient and unpersuasive.” Those interested in reading the entire rejection letter may do so at the USPTO website.
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