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Reversing Disclaimer Requirements, TTAB Finds "STEELBUILDING.COM" Has Acquired Distinctiveness for On-Line Building Sales

By John L. Welch

The Board reversed a refusal to register the marks STEELBUILDING.COM & Design (shown immediately below) and STEELBUILDING.COM THE FUTURE OF METAL BUILDINGS [METAL BUILDINGS disclaimed] for "computerized on-line retail services in the field of pre-engineered steel buildings and roofing systems." The PTO had required disclaimers of the term STEELBUILDING.COM, but the Board found that Applicant had established acquired distinctiveness for that term under Section 2(f). In re Steelbuilding.com, Inc., Serial Nos. 76280389 and 76280390 (December 12, 2007) [not precedential].Readers will recall that in 2005, the CAFC held that STEELBUILDING.COM was not generic but rather merely descriptive for virtually identical services, and further that Applicant had failed to establish acquired distinctiveness...continue to full post

Full post as published by The TTABlog on December 27, 2007 (boomark / email).