Walmart Is Denied ‘Investing in American Jobs’ Trademark

Walmart Inc.'s use of “Investing in American Jobs” doesn’t qualify for trademark protection because it didn’t distinguish a product from others based on origin, the Trademark Trial and Appeal Board ruled.

The board interpreted the “Investing in American Jobs” wording as merely informative, not unlike—and in many cases identical to—statements used by other companies to convey support for American-made goods.

The Jan. 11 precedential opinion shows that even frequent use of a word, phrase or design in association with goods or services doesn’t establish trademark rights. Walmart failed to show that its phrase functioned independently as an identifier of a ...