American Fiber & Finishing, Inc.

Trademark Trial and Appeal Board

Apr 11, 2000

No. 75294688 (T.T.A.B. Apr. 11, 2000)

Paper No. 10
JQ
THIS DISPOSITION IS NOT
CITABLE AS PRECEDENT OF THE TTAB APRIL 11, 00
U.S. DEPARTMENT OF COMMERCE
PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re American Fiber & Finishing, Inc.
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Serial No. 75/294,688
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Linda M. Buckley of Dike, Bronstein, Roberts & Cushman for
applicant.
Jill C. Alt, Trademark Examining Attorney, Law Office 114
(Margaret Le, Managing Attorney).
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Before Quinn, Bucher and McLeod, Administrative Trademark
Judges.
Opinion by Quinn, Administrative Trademark Judge:
An application has been filed by American Fiber &
Finishing, Inc. to register the mark SOFTOTS BABY BURPERS
for “cloths having multiple uses, namely burp cloths, lap
pads, changing pads, bibs, wash cloths, and baby wipes.”1
The Trademark Examining Attorney has refused
registration based on applicant’s failure to comply with a
requirement to disclaim the allegedly descriptive words
“Baby Burpers” apart from the mark.
When the refusal was made final, applicant appealed.
Applicant and the Examining Attorney have submitted briefs.
An oral hearing was not requested.
The Board, in a decision dated March 1, 2000 (copy
attached), reversed the refusal to register under Section
2(e)(1) in applicant’s related co-pending application
Serial No. 75/315,876. In that application, applicant
sought to register the mark BABY BURPERS for the same goods
as those listed herein.
The instant appeal involves the same issue, namely,
the mere descriptiveness of “BABY BURPERS” as applied to
the goods. Further, the instant appeal involves the same
record as that in the other application.
For the reasons stated in the Board’s March 1, 2000
decision, we conclude that the term “BABY BURPERS” is only
suggestive. Accordingly, a disclaimer is not warranted in
this application.

1 Application Serial No. 75/294,688, filed May 19, 1997, alleging
a bona fide intention to use the mark in commerce.
Decision: The refusal to register is reversed.
T. J. Quinn
D. E. Bucher
L. K. McLeod
Administrative Trademark
Judges, Trademark Trial
and Appeal Board