Hotels.com lost its bid to register a trademark on “hotels.com” when the U.S. Court of Appeals for the Federal Circuit ruled the mark was a “too generic term” to be trademarked.
The decision handed down yesterday, upholds the ruling by the Trademark Appeal Board, of March 2008, which denied Hotels.com’s application for a trademark, also calling it too generic.
The appeallate court in upholding the denial of the trademark, stated in part:
There are a “large number of similar usages of “hotels” with a dot-com suffix, as well as the common meaning and dictionary definition of “hotels” and the standard usage of “.com” to show a commercial internet domain. We conclude that the Board satisfied its evidential burden, by demonstrating that the separate terms “hotel” and “.com” in combination have a meaning identical to the common meaning of the separate components. The Board’s finding that HOTELS.COM is generic was supported by substantial evidence.”
A good ruling in my opinion but still have no understanding of how many generic terms were allowed to be trademarked.