Wetsuits aren't just for humans anymore, they're for the dogs. That is, according to Surf'n Sea Custom Wetsuits, a sole proprietorship in Texas. On April 2nd, that business filed a federal trademark application for the stylized wording DOGGIE WETSUITS seen below, covering "dog wetsuits, sports, clothing, wetsuits, water activity, dog products" in Class 18.
USPTO upon a showing of acquired distinctiveness in the marketplace. See TMEP 1209.01(b); 15 USC 1052(f). Generic words or phrases, on the other hand, "are terms the relevant purchasing public understands primarily as the common or class name for the goods or services" and can never be registered with the USPTO. See TMEP 1209.01(c).
Is the term "doggie wetsuits" a term the relevant public would understand as primarily the common or class name for dog wetsuits? Does that term merely describe a function, feature, purpose, or use of the underlying goods? We will find out in approximately three months when this application is assigned to an examining attorney at the USPTO.
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