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TTAB Says a Principle is not a Service, Affirms PTO Rejection of Specimens of Use

Okay, this will take some explaining. Applicant Michael Labellarte was attempting to register the mark SOFT ROOM for various audio-visual, graphic design, and editing services. He submitted specimens of use on five different occasions, but Examining Attorney Kevin S. Corwin rejected every one because the specimens did not show the phrase used as a service mark. The Board agreed with the PTO and affirmed the refusal. In re LaBellarte, Serial No. 76526520 (May 29, 2009) [not precedential].part of Applicant's fifth specimen(click on figure for larger picture)The original specimen, an advertising brochure states that "Outsider has developed its editing and design environments around its proprietary soft room principle." Even though the words "soft room" appear in the color red and the rest of the text is black, that is not use as a source identifier for Applicant's recited services...continue to full post

Full post as published by The TTABlog on June 03, 2009 (boomark / email).