The Trademark Trial and Appeal Board (TTAB) has ruled that Black Card LLC is permitted to register “Follow the Leader” for a variety of credit card services. This important decision refutes a previous denial from an examining attorney who felt the phrase was too commonplace to warrant registration.
This decision holds significance because it disregarded the notion that an overuse of a phrase could invalidate its registration eligibility. The TTAB decision affirms that even ubiquitous phrases can, under certain circumstances, qualify for trademarking.
More details about this case are provided here, including the arguments made by the examining attorney and reasoning behind the TTAB’s decision. Legal professionals in the corporate world, especially those dealing with Intellectual Property law, will find the conclusions and implications of this case enlightening.