QVC Challenges PTO’s Rejection of ‘Denim & Co.’ Trademark

QVC Inc. challenged in Virginia federal court the U.S. Patent and Trademark Office’s rejection of its application for a federal trademark covering “Denim & Co.” for non-denim clothing.

The trademark examiner and Trademark Trial and Appeal Board both erred in finding the brand name was deceptive when applied to clothes that aren’t made of denim, QVC said in the Monday complaint.

According to the complaint, Denim & Co. is QVC’s best-selling clothing brand, and it has used the trademark on women’s clothing since 1994. The company said it chose the mark “not as a narrow reference” to the fabric, but ...