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Precedential No. 22: Saying No-No to Double Entendre Argument, TTAB Deems "URBANHOUZING" Merely Descriptive of Real Estate Services

Despite Applicant Dean S. Carlson's dogged efforts, the Board affirmed a Section 2(e)(1) mere descriptiveness refusal of the mark URBANHOUZING in standard character form for "real estate brokerage; real estate consultation; and real estate listing." Carlson unsuccessfully contended that the compression and misspelling of the words URBAN HOUSING into URBANHOUZING transforms the phrase into an inherently distinctive mark, and that the ZING portion of the mark creates a separate commercial impression that results in a double entendre. No and no, said the Board. In re Dean S. Carlson, Serial No. 78752616 (June 9, 2009) [precedential].Applicant Carlson did not deny that "urban housing" is descriptive of his services. In fact, he offered to disclaim that phrase...continue to full post

Full post as published by The TTABlog on June 10, 2009 (boomark / email).