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TracFone Can’t Register ‘Unlimited Carryover’ Trademark

June 17, 2019, 8:28 PM

TracFone Wireless Inc. can’t register UNLIMITED CARRYOVER as a trademark for wireless services because the mark doesn’t identify the company or distinguish it from rivals, the Trademark Trial Appeal Board ruled.

The placement of the proposed mark in TracFone’s advertisement suggests that the phrase is merely informational and can’t function as a service mark, the board said in a decision deemed precedential June 17.

TracFone placed the phrase far from its logo and it’s last in a list of the company’s talk, text, and data plan features, the board said. The proposed mark “will be perceived as merely an informational...

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