An application to register PRETZEL CRISPS as a mark will live another day, thanks to a Federal Circuit opinion reversing a TTAB decision that had canceled the mark on grounds of genericness.
The holder of the PRETZEL CRISPS mark, Princeton Vanguard, originally applied to register it in 2004. Not surprisingly, Princeton was diverted to the Supplemental Register given the non-distinctive nature of the mark. It later followed the standard practice of re-applying for the Principal Register based on acquired distinctiveness. At that point, however, snack titan Frito-Lay stepped in: it… More