Dunkin’ Donuts Coffee Claim To Trademark “Best Coffee In America” RejectedBy Marhgil Macuha on Nov 27, 2012 in Business, Food, United States •
Dunkin’ Donuts‘ claim to have the exclusive rights to the phrase “Best Coffee in America” has been rejected, several international news sites reported on Friday, November 23, 2012.
According to reports, the United States Patent and Trademark Office (USPTO) tentatively rejected Dunkin’ Donuts‘ effort to trademark the slogan because it is not distinctive enough to qualify for protection.
“Registration is refused because the applied-for mark is merely laudatory and descriptive of the alleged merit of applicant’s services and the goods featured therein… Further, applicant’s informational slogan is nothing more than a claim of superiority and is so highly laudatory and descriptive of the quality of the coffee featured in applicant’s restaurants, cafes and snack bars that applicant’s claim of acquired distinctiveness, based on five years’ use of the mark in commerce, is insufficient and unpersuasive,” USPTO wrote on its response to the trademark application.
“Anyone at all can claim that their coffee is the ‘Best Coffee in America.’ No one takes such a claim literally, and no one company can monopolize the phrase,” Zick Rubin, a Newton trademark attorney, was quoted as saying by the Boston Globe.
“We are reviewing the filing and cannot speculate on future plans at this time,” the company’s spokeswoman, Jessica Gioglio, reportedly said.
Despite Dunkin’ Donuts’ coffee claim being rejected by USPTO, the company still uses the slogan without a trademark protection, reports said.
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