Snyder’s-Lance Appeals TTAB Denial of Pretzel Crisps Trademark

Snyder’s-Lance, Inc. has filed a lawsuit in North Carolina federal court appealing a Trademark Trial and Appeal Board (TTAB) ruling that found the term “Pretzel Crisps” to be generic, arguing that TTAB “failed to consider all the evidence of the public’s perception of the Pretzel Crisps brand, despite clear direction from the Federal Circuit to do so.” Snyder’s-Lance, Inc. v. Frito-Lay N. Am., Inc., No. 17-0652 (W.D.N.C., filed November 6, 2017). TTAB initially deemed “pretzel crisps” generic after Frito-Lay opposed Snyder’s-Lance’s application for a trademark; that decision was vacated by the Federal Circuit and remanded for reconsideration.

Snyder’s-Lance argues that during seven years of litigation, its Pretzel Crisps brand has become a market leader and is now the “number one product in the entire ‘deli cracker’ section in which it principally competes.” The complaint also asserts that “both Frito-Lay and the TTAB panel agreed that ‘pretzel crackers’ generically and appropriately describes the product category.” Snyder’s-Lance alleges that TTAB erred by considering the words “pretzel crisps” as separate parts rather than as a brand name with an established secondary meaning. The company seeks review of the ruling and declaratory judgment.