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Intellectual Property Law

: The TTABlog

TTAB Reverses Two Refusals of "CARPET TO CARPET" for Reclamation Services

The Board rolled out the red (or maybe green?) carpet for Applicant Columbia Insurance, tossing out two PTO refusals of the mark CARPET TO CARPET for "receiving used carpet products for subsequent reclamation of the carpet.? The PTO maintained that Applicant's recitation of services was unacceptable, and that Applicant failed to disclaim the merely descriptive term "carpet." The Board, however, found the recitation to be sufficiently definite, and the mark creative enough to escape the disclaimer requirement. In re Columbia Insurance Company, Serial No. 77281250 (June 4, 2009) [not precedential].Recitation of Services: The Examining Attorney found Columbia's recitation to be indefinite in that it may include services in more than one class. She suggested "carpet reclamation services, namely, refurbishing carpets," but Applicant argued that this recitation does not accurately "represent the scope of services...continue to full post

Full post as published by The TTABlog on June 23, 2009 (boomark / email).

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