Summary: CAFC holds that “CHILDREN’S DHA” mark is generic.

Case: In Re Nordic Naturals, Inc., No. 2013-1492 (Fed. Cir. June 23, 2014) (precedential). On appeal from the Trademark Trial and Appeal Board in Serial No. 77131419. Before Reyna, Wallach, and Taranto.

Procedural Posture: Applicant appealed the Board’s rejection of the mark “CHILDREN’S DHA” as generic. CAFC affirmed.

  • Trademark: The Board found and the Federal Circuit agreed, that the mark “CHILDREN’S DHA” is generic because it was not acting as a source identifier. The record lacked any third-party references recognizing Nordic as the source of “children’s DHA,” and instead showed that the relevant public uses “children’s DHA” primarily to refer to the category of DHA products for children.

Olena Ierega