Subway Unable to Register Footlong Mark For Sandwiches Because Term Is Generic

When applied to sandwiches, consumers understand the term “footlong” as describing a unit of measurement, and although in such a context the term is understood as an adjective, it is nonetheless generic, the Trademark Trial and Appeal Board held Sept. 5, sustaining an opposition against Subway’s attempt to register the mark (Sheetz of Delaware, Inc. v. Doctor’s Assocs. Inc., TTAB, 91192657, 9/5/13).

Additionally, the board said that the term is also merely descriptive and has not acquired distinctiveness, despite the millions of dollars that Subway has spent to advertise its footlong sandwich deals and the company’s billions of ...