## Facts

- Stamatios Mouratidis applied to register the mark **ORGANIC ASPIRIN** for “dietary supplements for human consumption.”
- “Aspirin” is the generic name for **acetylsalicylic acid**, a well-known analgesic ingredient.
- In the opposition proceeding, Mouratidis **conceded** that the supplements did **not** contain acetylsalicylic acid (aspirin).
- Bayer Aktiengesellschaft opposed registration, relying on **Lanham Act § 2(a)** (deceptive matter) and submitted registrations for **BAYER** covering vitamin, mineral, and nutritional supplements to show a commercial interest in the matter.
- The record reflected marketing positioning that contrasted the applicant’s product with “synthetic aspirin,” implying an aspirin-related, naturally derived alternative.

## Issues

1. Whether **ORGANIC ASPIRIN** misdescribes the character or composition of the identified dietary supplements because they contain no aspirin.
2. Whether prospective purchasers are likely to believe the mark’s implied claim that the supplements contain aspirin (in an “organic” form).
3. Whether the implied presence of aspirin is **material** to consumers’ purchasing decisions for health-related supplements, rendering the mark deceptive and unregistrable under **§ 2(a)**.

## Decision

- The TTAB **sustained** Bayer’s opposition.
- The TTAB held **ORGANIC ASPIRIN** **deceptive** for “dietary supplements for human consumption” because the supplements did not contain aspirin.
- Registration of **ORGANIC ASPIRIN** was **refused** under Lanham Act **§ 2(a)**.

## Legal Principles

- A mark is deceptive under **Lanham Act § 2(a)** if: (1) it **misdescribes** a characteristic, quality, function, composition, or use of the goods; (2) consumers are likely to **believe** the misdescription; and (3) the misdescription is **material** to a significant portion of the relevant consumers’ purchasing decisions.
- Use of a specific ingredient term in a mark (e.g., “aspirin”) can be deceptive where the goods **do not contain** that ingredient and consumers would view the ingredient as meaningful in selecting health-related products.
- For health-related goods, a false implication about the presence of a therapeutic ingredient may support a finding of **materiality** because perceived health benefits often affect purchasing decisions.

## Conclusion

The TTAB denied registration of **ORGANIC ASPIRIN** for dietary supplements after finding the mark deceptive under § 2(a): it falsely suggested the supplements contained aspirin, consumers were likely to believe that claim, and the presence of aspirin would be important to purchasers of health-related products.


Bayer Aktiengesellschaft v. Mouratidis, 2010 TTAB LEXIS 218 (T.T.A.B. May 21, 2010)