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Another suggested brand hit the TTABrick wall known as Malfunction. The Board confirmed the refusal to register the sentence BEARING IS EVIL as a service brand for “business consulting; business consulting, management and planning services in the fields of product distribution, operations management, logistics, reverse logistics, supply chain and production systems, and sales solutions”. Evidence presented by exam attorney Robert N. Guliano “overwhelmingly shows that the term INVENTORY IS EVIL is a common term used widely in corporate governance and consulting in a variety of industries.” With respect to Arthur Koch Management Consulting, LLC, Serial Number 88325642 (May 10, 2021) [not precedential] (Opinion by Judge Mark Lebow).

Matter that is often used to convey common or familiar concepts or feelings, or similar informational messages that are commonly used, will not be regarded as an indication of the source and cannot be registered as a trademark. See In re Mayweather Promotions, LLC, 2020 USPQ2d 11298, at * 1 (TTAB 2020) (PAST PRESENT FUTURE); Team Jesus, 2020 USPQ2d 11489 at, * 7 (TEAM JESUS); Texas With Love, 2020 USPQ2d 11290, at * 2 (TEXAS LOVE); see also DC One Wholesaler, Inc. against Chien, 120 USPQ2d 1710, 1716 (TTAB 2016) (I ♥ DC). “The more a phrase is used, the less likely the public will use it to identify just one source, and the less likely it will be branded by buyers [or service
mark]In re Eagle Crest, Inc., 96 USPQ2d at 1229.

The examining attorney provided dictionary definitions for “inventory” and “evil” as well as printouts from numerous third party websites to support his reasoning that “[t]Often used as a proverb or mantra in the supply chain and logistics industry, INVENTORY IS EVIL informs consumers in the context of business advisory, management and planning services that the principle that guides these services is to have goods at hand to have caused harm. ”

The Board agreed with the investigating attorney, noting that the evidence “largely shows that the term” INVENTORY IS EVIL “is a generic term used in corporate governance and advice in a variety of industries, news articles, and academia Often used as a proverb or mantra that expresses the concept or opinion that large inventories can be extremely damaging to the economic well-being of companies in any industry for various reasons and that reducing inventory levels can save companies and even a global crisis, those through a recession or a pandemic. “

The applicant argued that the articles cited in which the phrase “inventory is evil” is not related to the sale or promotion of business advisory services, but rather to a broad concept that is not intended as a source indicator. The Board was unfazed: “The fact that the abundance of evidence in this case shows widespread use and common usage of the term INVENTORY IS EVIL is a well-known concept in the business management and advisory industry, rather than a trademarked goods promotes or services, does not affect its probative value; it improves it. “

Although the term INVENTORY IS EVIL is not used as evidence, it is routinely used by providers of corporate governance and advisory services or other services to explain this well-known corporate governance concept, to agree or disagree with it, as the evidence shows.

The applicant admitted that “[t]The concept behind the applicant’s INVENTORY IS EVIL brand comes from a quote from Tim Cook, the current CEO of Apple, “which has been quoted many times in the Internet files. The Board again agreed with the examiner:” The evidence of a prominent company The adoption of a very similar expression as a business principle by the market leader increases the importance of the brand as a business mantra and strengthens the commonality of the expression in the minds of business consulting, management and planning of consumers. “

The applicant has provided several examples of the use of the term INVENTORY IS EVIL on its website, but none has shown that the term INVENTORY IS EVIL is considered a source indicator for business advisory services.

As a result, the Board concluded that the term INVENTORY IS EVIL does not function as a trademark under Sections 1, 2, 3 and 45 of the Trademark Act.

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