TTAB Denies Lululemon Athletica Registration of Oversized Horseshoe Mark

An oversized horseshoe design that was the subject of a trademark registration application was different from the already established trademark of the registrant and thus did not benefit from the acquired distinctiveness of the original mark, the Trademark Trial and Appeal Board ruled Jan. 11 (In re Lululemon Athletica Canada Inc., TTAB, 77455710, 1/11/13).

The popular yoga clothing store Lululemon Athletica Canada Inc. sought registration on a design that included an oversized version of its horseshoe, or wave-shaped logo, to be placed on the front of a sweatshirt. The board noted, however, that the design featured in the ...