holding common descriptive term “the pill” generic despite addition of quotation marks
How later courts described this case
- holding common descriptive term “the pill” generic despite addition of quotation marks
- “Where it appears from the evidence that registrability of the term is precluded [due to genericness], inquiry under sections 2(e) and 2(f) is not necessary.”
Written by the judges who cited it.
The opinion
RICH, Acting Chief Judge with whom ALMOND, Judge, joins.
(concurring),
I agree with the refusal of registration for the reasons stated in the opinion of the Trademark Trial and Appeal Board, as amended, as published at 143 USPQ 220 .
The record evidence permits of no conclusion other than that of the board that “the pill” has come to indicate oral contraceptives in pill form, regardless of source, wherefore it cannot serve to distinguish the product of any single producer.
There is no other question to be discussed.