Bid to Nix ‘Velcro’ Trademark as Generic Split Into Two Phases

An entity trying to cancel a “Velcro” trademark registration for being generic must first establish its intent to use a competing mark, a trademark tribunal said in a precedential ruling Friday.

New Hampshire-based Velcro IP Holdings LLC raised a legitimate dispute whether NHDNC LLC has a genuine intent to use its applied-for design mark including “velcro” to actually sell hook-and-loop fasteners, the Trademark Trial and Appeal Board said. The company that introduced the novel fastener in the 1950s convinced the board to split proceedings into phases to establish NHDNC’s right to make its case before determining if “Velcro” is generic. ...