U.S. Court of Appeals rules gruyere is a generic term for cheeses
Ruling is lauded by several dairy industry trade groups.
The U.S. Court of Appeals for the Fourth District upheld prior rulings that gruyere is a generic term for a variety of cheeses.
"The USPTO’s Trademark Trial and Appeal Board (“TTAB”) agreed with the
Opposers and held that “GRUYERE” could not be registered as a certification mark because
it is generic. ... Cheese consumers in the United States understand ‘GRUYERE’ to refer to a type of cheese, which renders the term generic," the court ruled.