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TTAB Reverses Refusal of "CORPORATE FUEL" For Business Advisory Services, Finding Disclaimer of "CORPORATE" Unnecessary

When this Applicant declined to comply with the Examining Attorney's requirement that the word "CORPORATE" be disclaimed in the mark CORPORATE FUEL for business advisory services, a refusal to register under Section 6(a) of the Act resulted. The Board, however, found the disclaimer unnecessary and it reversed the refusal. In re Corporate Fuel Partners, LLC, Serial No. 78705685 (August 27, 2010) [not precedential].The Examining Attorney maintained that the term CORPORATE "describes the intended users of applicant." Applicant, on the other hand, asserted that the mark "as a whole creates a unique unitary phrase."As there is no such thing as ?corporate fuel,? Applicant?s unusual combination of the adjective ?CORPORATE? to modify the noun ?FUEL? creates a coined phrase which has no specific meaning other than to playfully hint to Applicant?s consumers that its services will provide the unique fuel or energy needed to launch them past their competitors...continue to full post

Full post as published by The TTABlog on September 09, 2010 (boomark / email).