The Information Matter Doctrine

The "Information Matter Doctrine" is a trademark doctrine that denies registration to marks deemed to be merely informational. This doctrine holds that phrases, terms, or expressions conveying informative messages, rather than indicating the source of goods or services, are not eligible for trademark protection.

The rationale behind this is to ensure such phrases remain available for public use, preventing monopolization by any single entity. It aims to balance the need for businesses to protect their brand identity with the public's interest in accessing commonly used or descriptive phrases freely.

Case Study: In re GO & Associates

In the precedential opinion In re GO & Associates, the Federal Circuit upheld the USPTO's refusal to register the mark "EVERYBODY VS RACISM" as being informational. The USPTO and Trademark Trial and Appeal Board (TTAB) found that this mark was being used in an informational manner, failing to function as a source identifier. The decision was supported by evidence of widespread third-party use of the phrase in various contexts, reinforcing its perception as an informational message rather than a brand identifier. The court affirmed this decision, concluding that the mark did not meet the requirements for trademark registration as it did not serve to identify and distinguish the source's goods and services. Furthermore, the court dismissed a constitutional challenge, underscoring that a mark must function as a source identifier to be registrable.

The court clarified that the information matter doctrine does not act as a per se bar against informational content. If a mark that conveys information also functions as a source identifier, it remains eligible for federal registration. Thus, an applicant can register a mark containing political and social justice messaging, provided the mark also sufficiently identifies a commercial source. However, the court emphasized that the applicant bears the burden of proving registrability, especially against a presumption of ineligibility.

Registering a Mark with Informational Content

Applicants seeking to register a mark containing informational content, such as political or social justice messages, must be prepared to overcome a rejection based on the Information Matter Doctrine. A rule of thumb is that for a mark to function as a source identifier, it is usually presented in a "neat and discreet" manner, such as on a label or a tag. In contrast, a mark that is informational if it is primarily ornamental, such as a tagline displayed solely across the outside of a t-shirt.

How TCP Law Can Help

Ensuring your mark functions as a source identifier is necessary for trademark registration. A trademark attorney at TCP Law can help ensure you use your mark as a source identifier.

For assistance with the information doctrine or with any other trademark issue, please contact TCP Law at info@tcplawfirm.com or 917-612-1059.