America's Cup Properties, Inc.

Trademark Trial and Appeal Board

Aug 15, 2013

No. 85444582 (T.T.A.B. Aug. 15, 2013)

Mailed: August 15, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re America’s Cup Properties, Inc.
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Serial No. 85444582
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James R. Menker of Holley & Menker PA for America’s Cup
Properties, Inc.

Andrea Hack, Trademark Examining Attorney, Law Office 108
(Andrew Lawrence, Managing Attorney).
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Before Wellington, Hightower, and Masiello, Administrative
Trademark Judges.

Opinion by Wellington, Administrative Trademark Judge:

On June 27, 2013, the Board issued its decision
affirming the examining attorney’s requirement under
Section 6(a) of the Trademark Act that applicant disclaim
the exclusive right to use HEALTHY OCEAN PROJECT apart from
the mark as shown in the application. However, the Board
stated that the affirmance would be set aside as to the
disclaimer requirement if applicant submitted the required
disclaimer within thirty days.
THIS OPINION IS NOT A
PRECEDENT OF THE TTAB
Serial No. 85444582
2
Applicant, in a timely response, submitted an
amendment containing the required disclaimer on July 24,
2013. In view thereof, and because the disclaimer is
acceptable, the amendment is approved; the disclaimer is
entered; the affirmance of the disclaimer requirement in
the June 27, 2013 decision is set aside; and the
application will be forwarded for publication of
applicant’s mark.