TTAB Refuses JASPE for Clothing That Contains No Jaspe Fabric
The US Trademark Trial and Appeal Board has upheld the refusal of the mark JASPE for clothing, finding it deceptively misdescriptive under Section 2(e)(1) of the Lanham Act. According to IP Law Daily's report of 6 October 2026, the applicant sought to register the word for clothing including shirts and pants.
Evidence in the record showed that "jaspe" names a type of fabric with a mottled or streaked look. The applicant's goods are not made of it. The Board applied the usual two-step test: the term describes a feature the goods could plausibly have, and consumers would be likely to believe the goods actually have it. Both steps were met, so the refusal stood. The decision is listed in the TTAB Reading Room as non-precedential.
The case is a useful reminder for brand owners who choose a fabric, material or ingredient name for its sound. If the product does not contain that material, the mark may be refused as misleading, and in the US such a mark can only be registered on a showing of acquired distinctiveness. Indonesia's Trademark Law (Law No. 20 of 2016) has a similar rule: Article 20 refuses marks that mislead the public about the type, quality or composition of goods.
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