Examination Guide 1-12 Additional Considerations for Determining Whether



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Examination Guide 1-12

Additional Considerations for Determining Whether

Wording in a Mark Comprises a Unitary Phrase or Slogan for Purposes of Disclaimer

February 2012

EXAMPLES






MARK/ID




UNITARY



IF NOT, DISCLAIM




EXPLANATION



CONSIDERATION – VERB


TIP YOUR HAT

“hats”



Y




The verb renders the mark a unitary phrase.


FILING TAXES SO YOU DON’T HAVE TO

“tax preparation”




Y




The verb renders the mark a unitary phrase.

BOATS ARE FUN

“boats”



Y




The verb renders the mark a unitary phrase.

TAKE THIS MEDICINE

“cough syrup”




Y



The verb renders the mark a unitary phrase.


TRANSFORMING STATE GOVERNMENT

“providing information in the field of state governments”





Y




The verb renders the mark a unitary phrase.

GET MORE FROM ENERGY

“providing nondownloadable software for computing energy savings”




Y




The verb and the preposition create a unitary phrase.

WOMEN WHO RUN FROM COMPUTERS

“computer education training using multisensoral methods, group process and drama to motivate those with computer anxiety or fear”




Y




The verb and the preposition create a unitary phrase.

LIVING WITHOUT DAIRY

“providing information in the field of special diets”




Y




The verb and the preposition create a unitary phrase.

CHANGING THE WORLD OF SUSHI

“restaurant services”




Y




The verb and the preposition create a unitary phrase.


CONSIDERATION – PREPOSITION


ESTEE LAUDER FOR MEN

“cologne”



N

FOR MEN


The descriptive prepositional phrase FOR MEN appears separable from the rest of the mark and does not create a distinct meaning independent of the meaning of the separate elements.


MANGOS FOR THE EARTH

“fresh mangos”



Y




The preposition links the wording to create a unitary phrase.


TALES OF THE COCKTAIL

“conducting seminars in mixology”




Y




The preposition links the wording to create a unitary phrase.

HOLY CROSS OF ATLANTA

“medical services”



N

OF ATLANTA

The geographically descriptive prepositional phrase appears separable from the rest of the mark and does not create a mark with a distinct meaning independent of the meaning of the separate elements.


HOLY CROSS HOSPITAL OF ATLANTA

“medical services”




N

HOSPITAL OF ATLANTA

The generic term and the geographically descriptive prepositional phrase appear separable from the rest of the mark and do not create a mark with a distinct meaning independent of the meaning of the separate elements.


THE JOHN RITTER FOUNDATION FOR AORTIC HEALTH

“charitable fundraising for aortic health research and education”


N


FOUNDATION FOR AORTIC HEALTH

The descriptive wording FOUNDATION FOR AORTIC HEALTH appears separable from the rest of the mark and does not create a mark with a distinct meaning independent of the meaning of the separate elements.


MENTORS FOR COMPLETE TEACHING

“remedial tutoring program for children in the areas mathematics and science”




Y




The preposition links the wording to create a unitary phrase.

CHECK UP FROM THE NECK UP

“medical services”



Y




The preposition links the wording to create a unitary phrase. In addition, the rhyming phrases at the beginning and end of the mark contribute to create a distinct commercial impression.


LANGUAGE OF LOLLIPOPS

“candy”



Y




The preposition links the wording to create a unitary phrase.

A DAY OF HOPE FOR HEART DISEASE

“conducting workshops relating to heart disease”




Y




The prepositions link the wording to create a unitary phrase.

FANS OF FLOWERS FIGHTING FOR POWER

“promoting public awareness of horticulture”




Y


The prepositions link the wording to create a unitary phrase.


FROM THE HILLS OF KENTUCKY

“bourbon”




Y




The prepositions link the wording to create a unitary phrase.


CONSIDERATION - PUNCTUATION


HAVE YOU HAD YOUR MEDS TODAY?

“prescription pills for diabetics”




Y




The verb and the punctuation at the end create a unitary sentence.

GO! PUZZLE

“computer games software”



N

PUZZLE

The punctuation physically and conceptually separates the wording in the mark.


NAA – NATIONAL ASSOCIATION OF ACCOUNTANTS

“association services, namely, promoting the interests of accountants”




N

NATIONAL ASSOCIATION OF ACCOUNTANTS

The punctuation physically and conceptually separates the wording in the mark. Moreover, the phrase NATIONAL ASSOCIATION OF ACCOUNTANTS is descriptive and must be disclaimed.

BONDS – THE FUTURE OF INVESTING

“financial planning”



N

BONDS

The punctuation physically and conceptually separates the wording in the mark. Note that THE FUTURE OF INVESTING is a unitary phrase, avoiding a disclaimer of INVESTING.



PAPER FOR YOUR OFFICE. TO YOUR OFFICE.

“retail store services featuring office products”




Y




The prepositions and punctuation at the end form unitary phrases which, when read together, combine to create a mark with distinct meaning independent of the meaning of the separate elements.

LET’S PUT YOU TO WORK!

“employment agency services”




Y




The verb and the punctuation at the end create a unitary sentence.

CAN YOU IMAGINE A BETTER BANANA?

“fresh bananas”




Y




The verb and the punctuation at the end create a unitary question.

WHERE SNACKS LOVE TO DIP!

“dips”



Y




The prepositions, verb, and punctuation at the end create a unitary phrase.

CREATIVE NAILS?

“nail polish”



Y




The punctuation at the end unifies the terms, thereby changing the commercial impression.


GO FOR GOLD!

“gold jewelry”




Y



The verb, preposition, and punctuation at the end create a unitary phrase.


YOU CAN DIG IT!

“digging tool in the nature of an attachment to a power drill for gardening use”




Y




The verb and punctuation at the end create a unitary sentence. The slang expression “dig it” also contributes to create a distinct commercial impression.

IS YOUR HOME CLEAN?

“cleaning of residential houses”




Y




The verb and punctuation at the end create a question posed to potential consumers.

WE PUT THE ART IN CLIPART!

“computer software featuring clipart and printing fonts”




Y




The verb, preposition, and punctuation at the end create a unitary sentence.

ELEMENTARY ELECTRONICS: THE BEST ENERGY MONITOR

“energy-efficient computer monitors”





N

ELECTRONICS and THE BEST ENERGY MONITOR

The punctuation physically and conceptually separates the wording in the mark. Moreover, the phrase THE BEST ENERGY MONITOR is descriptive and must be disclaimed.

COMFY. COZY. COTTON.

“bed sheets and blankets”



N

COTTON

The punctuation after each term physically and conceptually separates the terms such that each stands alone.


CONSIDERATION - POSSESSIVES



BILL’S CARPETS

“retail carpet stores”




N

CARPETS

The possessive does not create a unitary phrase.

BILL’S IS CARPETS

“retail carpet stores”




Y




Although the possessive does not create a unitary phrase, the verb renders the mark a unitary phrase.

THE CHILDREN’S PLACE

“clothing”; “backpacks”; “retail stores”




N

CHILDREN’S

The possessive does not create a unitary phrase.

BARB’S BREAD BAKERY, INC.

“bakery services”




N

BREAD BAKERY, INC.

The possessive does not create a unitary phrase.

HUBER’S PREMIUM WORKWEAR

“clothing”




N

PREMIUM

WORKWEAR


The possessive does not create a unitary phrase.


OTHER CONSIDERATIONS


SWEETER PEARS REGENCY ORCHARD

“pears”


N

SWEETER PEARS and ORCHARD

The mark does not contain a verb, preposition, or punctuation. Except REGENCY, all the terms are descriptive and inform about the goods, their nature, and the type of place where they are grown. That the arbitrary term REGENCY is in the middle does not connect all the words to create a unitary phrase.




NOT YOUR ORDINARY DINER

“restaurant services”





Y




The combination formed by the familiar phrase NOT YOUR ORDINARY followed by a descriptive or generic term creates a unitary phrase.

AAMCO COMPLETE CAR CARE EXPERTS

“motor vehicle maintenance and repair services”



N

COMPLETE CAR CARE EXPERTS

The arbitrary term AAMCO is not connected to the rest of the terms, since there is no verb, preposition, or punctuation. The wording COMPLETE CAR CARE EXPERTS is descriptive and a separable element from AAMCO.


CORPORATE FUEL

“business management and advisory services”




Y




The descriptive term CORPORATE and the arbitrary word FUEL combine to create a phrase that is a play on actual types of fuel, like jet fuel or diesel fuel.



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