Whole Foods Applies For 'World's Healthiest Grocery Store' Service Mark

A recently filed US service mark application by Whole Foods Market may not only prove to be a lengthy uphill battle for health-conscious dominance, but it may also be a sign of future global endeavors for the chain. On June 23, Whole Foods filed a federal service mark application with the US Patent and Trademark Office (USPTO) for the mark “WORLD’S HEALTHIEST GROCERY STORE” (Application No. 87081682). The service mark application, filed in International Class 035, for “retail grocery stores, retail and online grocery store services featuring home delivery, and supermarkets,” was filed on an intent-to-use basis, which means that Whole Foods has not used the mark yet, but plans to use it pending approval from the USPTO.

While this registration may seem straightforward to many at first glance, the quest to claim the top spot amongst competing brands through a trademark or service mark registration is often a fruitless one. Words that merely describe a product or a service, or even one of the characteristics of that product or service, are usually too weak to gain the requisite distinctiveness for a successful federal registration application. Included within this category of problematic words are laudatory terms, which attribute quality or excellence to goods or services. Often times, an attempt to claim ownership of a name or slogan with laudatory terms such as “best” or “greatest” ends up in a refusal from the USPTO.

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