Understanding the Trademark Opposition at the Heart of the Dispute
When a business applies for a federal trademark, most owners assume the hard part is over. The paperwork is filed, the brand is launched, everything feels official. For one Virginia fishing tackle company, the trademark journey was just getting started. In July 2025, the United States Patent and Trademark Office (USPTO) issued a non-final Office Action refusing registration of the trademark “PINK PONY RIG.” This raised a trademark opposition legal challenge that required a formal response to keep the brand alive
Thanks to advocacy led by professor Andrew P. Connors and the Liberty University School of Law Intellectual Property Clinic, the application did not stall, instead it became a case study in how trademark law actually works.
What Is The “Pink Pony Rig”?
The Pink Pony Rig is a branded fishing lure sold by Chunky Cats Fishing LLC. The company filed a federal trademark application to protect the product name and brand identity nationwide. While no conflicting trademarks were found, the examining attorney issued a refusal under Section 2(e)(1) of the Lanham Act. This refusal argued that the name was “merely descriptive” and therefore not eligible for registration.
What Does “Descriptive” Mean?
Trademark law divides marks into categories: Generic, Descriptive, Suggestive, Arbitrary, or Fanciful. Under federal trademark law, generic marks are never protectable. Descriptive marks are protectable only with proof of long-term consumer recognition, while suggestive, arbitrary, and fanciful marks are generally eligible for immediate protection.
In its Office Action, the USPTO argued that “Pink” describes the color, “Pony” describes an image on the lure, and “Rig” describes fishing tackle. Because the lure includes a pink pony graphic, the USPTO claims the name simply describes what the product is, not who it comes from.
Why the Clinic Disagreed
Led by Andrew P Connors, Liberty University law students worked through the Intellectual Property Clinic to prepare and file a formal response on behalf of the client. This included Ava Perez Erickson, a law clerk at Darkhorse Attorneys. In its formal response to the USPTO, the clinic argued that the words “Pink Pony” do not describe the product, they describe the brand. The pony image is not a feature that attracts fish, it is not the function of the lure, and it does not describe how the lure works. It is branding, an arbitrary and creative design that identifies the source of the product, not its characteristics.
The Legal Strategy Behind the Response
In support of its position, the Clinic cited longstanding federal trademark precedent including, In re DC Comics. This held that character images used on products can function as trademarks, rather than product descriptions; Zatarains v. Oak Grove Smokehouse, which defined what makes a mark “descriptive”; and Palm Bay Imports v. Veuve Clicquot, which explained why arbitrary marks are inherently distinctive.
The clinic explained that the lure is not shaped like a pony and does not function like a pony. Ponies have no connection to fishing or fish behavior. The phrase “Pink Pony” is a creative, unexpected, and distinctive branding choice, placing the mark firmly in the arbitrary category, one of the strongest types of trademarks under U.S. law.
The clinic won and the Office Action was removed.
Why This Case Matters for Business Owners
This case highlights a reality many business owners do not realize: filing your trademark is only the beginning.
A single Office Action can delay registration, and put your brand at risk. This can lead to forced expensive rebranding, and leave your business legally unprotected. Knowing how to respond and argue your brand’s distinctiveness can make the difference between owning your name, and losing it.
If your brand matters, protect it like it does. Darkhorse Attorneys can help.
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