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"IS YOUR MORTGAGE CONTRIBUTING TO YOUR WEALTH?" Fails to Function as a Service Mark, Says TTAB

The Board wasted little time in affirming a refusal to register the phrase IS YOUR MORTGAGE CONTRIBUTING TO YOUR WEALTH? for "mortgage brokerage services," finding that the phrase as used by Applicant Capital Financial Advisors, Inc. fails to function as a service mark. In re Capital Financial Advisors, Inc., Serial No. 76661472 (October 24, 2008) [not precedential].click on picture for larger imageApplicant feebly argued that the phrase does indeed serve as a mark "because it was separately displayed and used in conjunction with" its services. The Board was unimpressed:"... the mere fact that the subject matter sought to be registered appears as a distinct phrase or slogan, separate and apart from other matter, does not make it a service mark...continue to full post

Full post as published by The TTABlog on November 04, 2008 (boomark / email).