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Test Your TTAB Judge-Ability: Is "ONCE A MARINE, ALWAYS A MARINE" on Clothing a Trademark, Or Merely Informational?

Eagle Crest applied to register the mark ONCE A MARINE, ALWAYS A MARINE for various clothing items. The Examining Attorney refused registration, maintaining that the phrase, as it appears on the specimens of use (see photos below), would be perceived as merely informational and not as a trademark. Applicant appealed. How would you decide? In re Eagle Crest, Inc., Serial No. 77114518 (August 10, 2020) [not precedential].The Board began by observing that "not every designation adopted with the intention that it performs as a trademark and even labeled as a trademark necessarily accomplishes that purpose." Some designations are "inherently incapable of functioning as trademarks." The crucial issue is public perception.Slogans and other terms that are considered to be merely informational in nature, or to be common laudatory phrases or statements that would ordinarily be used in business or in the particular trade or industry, are not registrable...continue to full post

Full post as published by The TTABlog on August 24, 2010 (boomark / email).