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TTAB Affirms Disclaimer Requirement of "VILLAGE" in "HEALTH VILLAGE" Mark for Real Estate Services

The Board affirmed a refusal to register the mark HEALTH VILLAGE for rental, sales, management, and development of real estate, based on Applicant's refusal to disclaim the word VILLAGE. Examining Attorney Lydia M. Belzer maintained that VILLAGE identifies a feature or characteristic of the services because they "pertain to villages and/or to buildings set up in such a manner as to form villages." In re Adventist Health System/Sunbelt, Inc., Serial Nos. 77589735 and 77589737 (May 20, 2010) [not precedential].The Board agreed:The word VILLAGE clearly and unambiguously describes a significant feature of the real estate services in that it clearly denotes a particular location involving a grouping of residences and other buildings in the immediate vicinity of each other, which is directly pertinent to the rental and leasing, management, development and sales of real estate...continue to full post

Full post as published by The TTABlog on June 14, 2010 (boomark / email).