In 2010, Whole Foods successfully took on the name “America’s Healthiest Grocery Store,” trademarking the slogan on the basis of existing consumer sentiment. But they recently submitted an application with the U.S. Patent and Trademark Office to call themselves “The World’s Healthiest Grocery Store” – a significant jump in status which could indicate plans for more aggressive expansion overseas.
Unfortunately the Patent office rejected the application, on the basis that such a slogan makes a “laudatory” and unverifiable claim. Papa John’s slogan “Better Ingredients, Better Pizza” was originally denied for the same reason. One reason the switch from “America’s” to “The World’s” might have struck officials as puffery is that Whole Foods currently has a presence in only Canada, Britain and the U.S. – hardly the whole world. They’ve also struggled historically to push into these overseas markets, where existing chains often have a hold on loyal clientele.
Whole Foods now has 6 months to update and refile the case for reconsideration.
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