"Aspirina" Merely Descriptive For Analgesic Goods
Client Alert | 1 min read | 05.30.07
In In re Bayer Aktiengesellschaft (No. 2006-1279; May 24, 2007), a Federal Circuit panel offers a split decision affirming the Trademark Trial and Appeal Board’s ruling that the proposed mark ASPIRINA is merely descriptive for analgesic goods. Bayer submitted , among other evidence, extensive evidence of foreign registration of the mark ASPIRINA.
According to the dissent, the appropriate criterion which determines trademark status, is whether the specific mark at issue serves to associate the goods with their source. The dissent argues that the question is not how many letters in a word are changed, but whether trademark significance is possessed. Therefore, the dissent concludes that ASPIRINA is a coined word, which has no other origin and was created for trademark purposes and the record shows no usage of ASPIRINA, in any country, including the United States, other than as a trademark in association with a product provided by Bayer. In so concluding, the dissent argues that the status in other countries of a well-known foreign origin mark for an established product in wide use is not irrelevant to its treatment in the United States legal system.
The majority counters by stating that the appearance, sound and meaning of the mark ASPIRINA when considered as a whole against that of the term aspirin demonstrates that the mark ASPIRINA is sufficiently similar to aspirin and accordingly, is merely descriptive of analgesic goods. The mere addition of the letter “a” at the end of the generic term aspirin is deemed insufficient to transform ASPIRINA into an inherently distinctive mark for analgesics. The majority further concludes that evidence of registration in other countries is not legally or factually relevant to potential consumer perception in the United States. Accordingly, the fact that ASPIRINA is registered in numerous Spanish-speaking countries is not considered probative of the relevant consumer’s perception of the mark in the United States.
Insights
Client Alert | 10 min read | 10.23.25
The EU’s Defense Readiness Roadmap and Omnibus: What are the Implications for Defense Procurement?
On October 16, 2025, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented their Defense Readiness Roadmap 2030 to the EU Member States. This comprehensive plan aims to strengthen European defense capabilities. It follows, and should be read together with, the Commission’s Defense Readiness Omnibus that was published in June 2025. The Omnibus contains a set of proposals to facilitate defense investments and boost EU Member States’ responsiveness to today’s security challenges.
Client Alert | 5 min read | 10.22.25
Sixth Circuit Reaffirms Privilege Protections During Internal Investigations
Client Alert | 4 min read | 10.21.25
Pivot Point for 340B: HRSA Rebate Model Pilot Program Approaches Launch
Client Alert | 5 min read | 10.20.25
What’s new for Belgian Construction Contracts under the New Book 7 of the Civil Code
