Doctor’s Associates, Inc. the franchiser of Subway® filed a use-based application to register ”Footlong” in standard character format, for “sandwiches” (revised to exclude hot dogs) . Sheetz (the operator of popular convenience stores) opposed the registration on the ground that when used in connection with sandwiches “Footlong” is generic and, in the alternative, the term “Footlong” is at least merely descriptive. The United States Patent and Trademark Office agreed with sheetz and rejected the registration. Consumers now can see advertisements for the $5 Footlong at Subway® AND ads for the $4 Footlong at Sheetz. Read the Full Decision
USPTO Denies DAI’s Use-Based Application To Register Subway’s “Footlong”