Thursday, February 24, 2022

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In re Solar Foundations USA, Inc., Serial No. 88206624 (February 7, 2022) [not precedential] (Opinion by Judge Cindy B. Greenbaum).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In re SC Licensing, LLC, Serial No. 88737743 (February 14, 2022) [not precedential] (Opinion by Judge Marc A. Bergsman).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In re Stevland Morris d/b/a Stevie Wonder, Serial No. 88388322 (February 16, 2022) [not precedential] (Opinion by Judge George C. Pologeorgis).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  ]

Read comments and post your comment here.

TTABlog comment: How did you do? See any WYHAs?

Text Copyright John L. Welch 2022.


At 7:05 AM, Blogger John L. Welch said...

The second and third decisions were reversed

At 8:18 AM, Blogger Sylvia Mulholland said...

I called it!

At 11:42 AM, Anonymous Anonymous said...

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?

At 1:48 PM, Anonymous Anonymous said...

@ 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.

At 2:54 PM, Blogger Valerie N said...

Got the second but not the third.

At 3:26 PM, Blogger Gene Bolmarcich, Esq. said...

A disclaimer in a Supplemental Register trademark is (in theory) an admission that the disclaimer matter is generic whereas it only goes as far an "admission of being descriptive when in a Principal Register trademark. But we all know that a disclaimer is a completely meaningless thing anyway as Courts love to state ("consumers have no knowledge of what is disclaimed in a trademark"). I tell my clients that a disclaimer means nothing. I know many here will disagree.


Post a Comment

<< Home