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ARTICLE · 28 FEBRUARY 2022

TTABlog Test: Which Of These Three Disclaimer Requirements Was/Were Reversed?

Wolf Greenfield & Sacks
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Under Section 6(a) of the Trademark Act, "[t]he Director may require the applicant to disclaim an unregistrable component of a mark otherwise registrable."

United StatesIntellectual Property
John L. Welch
John L. Welch
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Under Section 6(a) of the Trademark Act, "[t]he Director may require the applicant to disclaim an unregistrable component of a mark otherwise registrable." Here are three recent TTAB decisions involving refusals based on Section 6(a) disclaimer requirements. At least one of the refusals was reversed. Take a guess at how they turned out. [Answer in first comment].

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In re Solar Foundations USA, Inc., Serial No. 88206624 (February 7, 2022) [not precedential] (Opinion by Judge Cindy B. Greenbaum). [Section 6(a) requirement for disclaimer of the term SOLAR FOUNDATIONS in an application to register the mark SOLAR FOUNDATIONS USA & Design on the Supplemental Register for design and installation of solar energy systems, namely, including foundations and racking systems for ground mount solar arrays.]

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