Fighting to win? It takes more than energy

5-Hour Energy's strategy to trademark phrase runs out of juice at TTAB

Innovation Ventures LLC, owner of Living Essentials Marketing LLC — which markets 5-Hour Energy — has maintained an energetic growth rate for sales and revenues on the strength of its category-buster energy booster product. But the company and its entrepreneurial owner Manoj Bhargava hit a wall at the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office.

Innovation Ventures had applied to register the phrase hours of energy now for “dietary supplements” and “non-alcoholic liquids for human consumption, namely, energy shots.” But the USPTO examiner refused registration, determining that the phrase was incapable of functioning as a trademark to identify the source of origin of the listed goods.

Contributing Author

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Scott Slavick

Scott Slavick is a shareholder at Brinks Gilson & Lione, where his practice focuses primarily on trademark prosecution and trademark litigation. Scott maintains all aspects...

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