TTABlog Test: Which of These Three Disclaimer Requirements Was/Were Reversed?
Under Section 6(a) of the Trademark Act, "[t]he Director may require the applicant to disclaim an unregistrable component of a mark otherwise registrable." Here are three recent TTAB decisions involving refusals based on Section 6(a) disclaimer requirements. At least one of the refusals was reversed. Take a guess at how they turned out. [Answer in first comment].
In re Solar Foundations USA, Inc., Serial No. 88206624 (February 7, 2022) [not precedential] (Opinion by Judge Cindy B. Greenbaum). [Section 6(a) requirement for disclaimer of the term SOLAR FOUNDATIONS in an application to register the mark SOLAR FOUNDATIONS USA & Design on the Supplemental Register for design and installation of solar energy systems, namely, including foundations and racking systems for ground mount solar arrays.]
In re SC Licensing, LLC, Serial No. 88737743 (February 14, 2022) [not precedential] (Opinion by Judge Marc A. Bergsman). [Section 6(a) requirement for disclaimer of "FARMHOUSE" in the proposed mark THE FARMHOUSE BY RACHEL ASHWELL for various Class 20 goods, including bed frames; fabric figurines; magazine racks; mirror frames; mirrors; picture frames; pillow forms; pillows; screens for fireplaces; wood boxes; shoe racks and beds for household pets (sic!); and window shades.]
In re Stevland Morris d/b/a Stevie Wonder, Serial No. 88388322 (February 16, 2022) [not precedential] (Opinion by Judge George C. Pologeorgis). [Section 6(a) requirement for disclaimer of "SONG PARTY" in the proposed mark THE STEVIE WONDER SONG PARTY LIFE & Design for, inter alia, “Entertainment services, namely, live musical performances and live music concerts ]
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TTABlog comment: How did you do? See any WYHAs?
posted by John L. Welch @ 2/24/2022
5 comments
5 Comments:
The second and third decisions were reversed
I called it!
Interesting. What is the point of a disclaimer for a mark on the Supplemental Register? The mark as a whole is descriptive and not inherently distinctive, so what more does a disclaimer accomplish?
@ Anonymous 11:42 AM: A disclaimer of matter in a mark on the Supplemental Register or registered under Section 2(f) means that the disclaimed matter is generic.
Got the second but not the third.
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