Florists’ Transworld Delivery’s (FTD) intent-to-use application to register the mark SAY IT YOUR WAY was refused on the ground that FTD failed to show the applied-for mark was used in connection with the identified services. FTD used the mark on Twitter to promote and advertise its flowers. FTD identified its services as “creating an online community for registered users to participate in discussions, get feedback from their peers, form communities, and engage in social networking featuring information on flowers, floral products and gifts.”
The Examining Attorney found that FTD was merely using Twitter to promote its retail services and had not independently created an online community. On that basis, the Examining Attorney concluded that the mark is not used in connection with the identified services.
On appeal to the TTAB, the Board agreed with the Examining Attorney, finding FTD did not create a platform “by which followers can create a profile, establish a homepage, and attract further followers.” Rather, the platform for the online community was created by Twitter, and FTD was merely utilizing that platform to promote its marks and services. The Board affirmed the refusal of the application for failure to show use of the mark in connection with the online social media services listed in FTD’s application.
In re Florists’ Transworld Delivery, Inc., Serial No. 85164876 (TTAB, May 11, 2016) [precedential].