In a precedential opinion published on August 10, 2017, the Federal Circuit upheld a TTAB decision that denied registration of the “FIRST TUESDAY” mark due to its merely descriptive nature when identifying lottery services and games.1 Appellant, North Carolina Lottery (“NC Lottery”), sought to register the mark in connection with new scratch-off lottery games introduced on the first Tuesday of every month. Classifying “FIRST TUESDAY” as “merely descriptive” of the goods connected to the mark, the TTAB refused to register the “FIRST TUESDAY” mark. NC Lottery appealed the TTAB’s decision, arguing that the mark was instead “suggestive” and therefore apt for registration.
Federal Circuit Denied Registation of “First Tuesday” by the North Carolina Lottery
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