Tracfone 'Unlimited Carryover' Not A Trademark, USPTO Says

Law360 (June 13, 2019, 5:52 PM EDT) -- The U.S. Patent and Trademark Office is refusing to let Tracfone register "Unlimited Carryover" as a trademark, saying the phrase simply conveys information about the company’s wireless service.

Affirming a decision from a USPTO examiner, the agency’s Trademark Trial and Appeal Board issued a precedential ruling Monday that the prepaid wireless provider couldn’t register the term because it failed to function as a trademark.

"'Unlimited Carryover' … will be perceived as merely an informational slogan which conveys information about carrying over unlimited data from one telecommunications billing cycle to the next rather than as a service mark to indicate source," Judge...

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