‘Texas Love’ Trademark Refusal is Constitutional, TTAB Says

A trademark tribunal shot down a clothing company’s argument that an examiner’s refusal to register “Texas Love” but not other Love-based marks violated the Constitution’s equal protection clause.

Texas With Love LLC failed to provide evidence supporting its claim that registration of the other registrations came in “contextually identical” circumstances, the Trademark Trial and Appeal Board said in a Thursday precedential decision. The mere existence of similar registrations doesn’t establish bias because every mark turns on its own set of facts, and Texas With Love failed to address critical factors of the allegedly analogous marks.

The board also said ...