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Test Your TTAB Judge-Ability: Must OUTFITTERS Be Disclaimed for Retail Cosmetics and Jewelry Services?

Applicant Retail Royalty refused to bow down to the PTO's demand that it disclaim the word OUTFITTERS in its application to register the marks AMERICAN EAGLE OUTFITTERS and the design mark shown below, for retail store services in the field of fragrances, cosmetics, personal care products, and jewelry. Applicant had previously disclaimed OUTFITTERS in several of its registration, including registrations for soap, perfume, and jewelry. In re Retail Royalty Company, Serial Nos. 77791067 and 77979784 (March 9, 2011) [not precedential].The numerous proffered dictionary definitions were consistent in defining "outfitter" as "a shop that provides equipment for a specific purpose." The term is disclaimed in numerous third-party registrations, mostly for clothing and footwear, but not disclaimed in several others for those goods...continue to full post

Full post as published by The TTABlog on March 24, 2011 (boomark / email).