Consumer Has Standing To Oppose Registration Of Mark

Recently, the Trademark Trial and Appeal Board (TTAB) issued an opinion in Rebecca Curtin v. United Trademark Holdings Inc., Opposition No. 91241083 (December 28, 2018). The TTAB denied United Trademark Holdings’ Rule 12(b)(6) motion to dismiss for lack of standing, holding a party need not have a specific commercial interest in a mark to oppose its registration. United had sought to register the mark RAPUNZEL for use on dolls and toys. The opposer, Rebecca Curtin, was not a commercial competitor, as is commonly the case, but rather a law school professor asserting registration of the mark would cause damage to her as a consumer. Curtin asserted the mark should be denied registration because it is highly descriptive, if not generic, for the identified goods. United moved to dismiss the opposition for lack of standing, asserting Curtin’s lack of competitive interest prevented her from maintaining the action. The TTAB denied United’s motion, stating “in no case has this court ever held that one must have a specific commercial interest, not shared by the general public, in order to have standing as an opposer.” The TTAB explained the standing analysis properly asks whether an opposer’s belief it will be damaged is reasonable and reflects a genuine interest in the issue, not how many others share that belief. The TTAB further explained consumers “may have a real interest in keeping merely descriptive or generic words in the public domain, (1) to prevent the owner of a mark from inhibiting competition in the sale of particular goods; and (2) to maintain freedom of the public to use the language involved.” The TTAB thus held that Curtin, as a member of the consuming public, alleged a reasonable basis for her belief she would be damaged by United’s registration of the RAPUNZEL mark, and United’s motion to dismiss must, therefore, be denied.