Costello Law Corporation
We Can Help You, Call Us Today
916-520-3360
This Attorney is Lead Counsel Rated. Click here for more Information.

Why Whole Food's application for a new trademark was rejected

Whole Foods may very well be a healthy grocery store, but are they the worlds healthiest?

Somebody at Whole Foods must think so, as they recently applied for a trademark of "World's Healthiest Grocery Store." The U.S. Patent and Trademark Office rejected the application because it makes a "laudatory" claim. It is based on an exaggeration that cannot possibly be proven with factual information.

While exaggerated claims cannot necessarily be proven, applicants can overcome the Patent and Trademark Office's initial rejection if the phrase is found to be a distinguishing mark of the company, rather than a factual claim. This was the argument used by Papa John's in using "Better Ingredients, Better Pizza" since it was already something customers associated with the company. 

Whole Foods was successful in 2010 with a similar argument for their current slogan, "America's Healthiest Grocery Store." It is unlikely they will be able to do the same now, as they are only in markets in the U.S., Canada and Britain, not the entire world. They may wish to expand worldwide, but they aren't there yet. As a result, it is doubtful the company will be able to lay claim to that particular moniker. 

If your trademark application has been rejected by the Patent and Trademark Office, it is important to understand that you have options. It can be beneficial to retain the services of an experienced intellectual property lawyer. Your attorney can provide advice and guidance regarding your trademark at any phase in the application process.

No Comments

Leave a comment
Comment Information

Contact Us Today

To protect your valuable idea, contact our lawyers at Costello Law Corporation to set up an initial consultation. We are ready to assist you in any intellectual property issue.

Get Started

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Map & Directions

Costello Law Corporation

Costello Law Corporation
2267 Lava Ridge Court
Suite 210
Roseville, CA 95661

Phone: 916-520-3360
Fax: 916-441-4254
Map & Directions

Email Us linkedin