Siding With Frito-Lay, TTAB Says 'Pretzel Crisps' Is Generic

Law360, New York (March 5, 2014, 1:12 PM EST) -- In a precedential decision released Friday, the Trademark Trial and Appeal Board sided with snack giant Frito-Lay Inc. and ruled that “Pretzel Crisps” was a generic term that a smaller rival couldn't register as a trademark.

The board said consumers consider the term — which New Jersey snackmaker Princeton Vanguard LLC uses for its gourmet brand of flat, cracker-like pretzels — to simply be a generic name for a type of food, not as a brand name.

The panel cited dictionary definitions, evidence of use by...
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