Bar’s Products, Inc.

Trademark Trial and Appeal Board

May 4, 2006

No. 76415261 (T.T.A.B. May. 4, 2006)

Mailed:
May 4, 2006
Bucher

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re Bar’s Products, Inc.,
by change of name from Fre-Bar, Inc.
________

Serial No. 76415261
_______

Julie A. Greenberg and Ronald W. Citkowski of Gifford Krass
Groh Sprinkle Anderson & Citkowski, P.C. for Bar’s
Products, Inc.

Verna Beth Ririe, Trademark Examining Attorney, Law Office
105 (Thomas G. Howell, Managing Attorney).
_______

Before Walters, Bucher and Grendel, Administrative Trademark
Judges.
Opinion by Bucher, Administrative Trademark Judge:
Bar’s Products, Inc., seeks registration on the
Principal Register of the special form mark shown below:

THIS DISPOSITION IS
NOT CITABLE AS
PRECEDENT OF THE TTAB
Serial No. 76415261
- 2 -
for goods recited in the application as “cleaning composition
for removing insects from motor vehicles” in International
Class 3.1
This case is now before the Board on appeal from the
final refusal of the Trademark Examining Attorney to register
this mark given applicant’s failure to disclaim the term “one
minute” as required by the Trademark Examining Attorney.
Applicant and the Trademark Examining Attorney have
fully briefed the case. Although applicant had originally
requested an oral hearing, it later waived the scheduled
hearing. We affirm the refusal to register.
The issue herein is fairly straightforward. The
Trademark Examining Attorney takes the position that the term
“one minute” is merely descriptive and should be disclaimed.
By contrast, applicant argues “that the words are at most
suggestive of the speed with which the cleaning solution
works” and that it would be “inconsistent with the practice
of the Trademark Office to require such a disclaimer of these
words, as evidenced in the countless other registrations

1 Application Serial No. 76415261 was filed by Fre-Bar, Inc. on
June 5, 2002 based upon applicant’s allegation of a bona fide
intention to use the mark in commerce. Applicant has disclaimed
the words “Bug remover” apart from the mark as shown. The
stippling in the drawing is for shading purposes only. Applicant
changed its name to Bar’s Products, Inc. on August 8, 2002, and
this change was recorded with the Assignment Division of the United
States Patent and Trademark Office at Reel 2602, Frame 0811.
Serial No. 76415261
- 3 -
which incorporate the common element ‘ONE MINUTE’ without
disclaimer.” Applicant’s brief p. 3.
As explained by the Trademark Examining Attorney,
Section 6(a) of the Trademark Act, 15 U.S.C. § 1056(a),
states that the Office may require an applicant to disclaim
an unregistrable component of a mark. Inasmuch as Section
2(e)(1) of the Trademark Act, 15 U.S.C. § 1052(e), bars the
registration of a mark which is merely descriptive of the
goods, the Office may require that applicant disclaim a
merely descriptive portion of a mark. In the event that
applicant does not comply with this disclaimer requirement,
the Trademark Examining Attorney may refuse registration of
the entire mark.
Applicant takes the position that in the common
vernacular, the term “one minute” is understood to mean
“right away,” not “to describe the period of time technically
comprising sixty seconds.” Considering marks in third-party
registrations that have literal elements specifying various
time periods, applicant contends that it is “absurd” to
conclude the Office had analyzed during examination the exact
amount of time required for each subject product to perform
its function before making a determination about
descriptiveness, and hence, the requirement for a disclaimer.
Applicant’s reply brief, pp 2 – 3.
Serial No. 76415261
- 4 -
However, the Trademark Examining Attorney argues that
the record supports her position that a bug remover that
works in sixty seconds is indeed a desirable characteristic
of such a product:
As evidenced by the articles submitted with
the Final Office Action of January 9, 2004,
persons looking to remove bugs or insects from
surfaces are aware that the task can be time-
consuming. For instance, a November 2, 2002
article in The Boston Globe indicates that
while Dow’s Bug & Tar Remover can be applied
and wiped off, consumers would need to wait 15
minutes after applying an oil before rubbing
it off for a similar effect. Other articles
suggest a bug and tar remover should sit on a
spot for a minute or so (October 29, 2000
Desert News article) while a baking soda paste
will remove bugs from cars if the paste is
allowed to sit for a few minutes before wiping
and rinsing (February 21, 1998 Richmond Times
Dispatch article). Since consumers are aware
of the immediacy [sic] of removing bugs from
vehicles (see, e.g., excerpts from a March 14,
2001 Pensacola News Journal article and a May
11, 2000 Orlando Sentinel article which advise
of the need to immediately remove bugs from
your car as the acid in bug stains will eat
away at the paint finish), they will likely
find the quick-acting nature of a bug removing
product a benefit. The applicant’s use of the
term “one minute” tells the users of its
products that they can have bug-removing
results in only “one minute.”

The wording “ONE MINUTE” describes a
characteristic that would be very desirable to
people using a bug remover on their car. The
wording “ONE MINUTE,” when used in conjunction
with a composition for removing insects from
motor vehicles, describes a bug remover
composition that, unlike some compositions
which users must let sit on a vehicle for
several minutes before wiping off, will be
effective in “ONE MINUTE.” The term “ONE
Serial No. 76415261
- 5 -
MINUTE” tells users they need not wait more
than “one minute” before they wipe the bug
remover off the vehicle. After only “one
minute,” users can wipe of[f] the applicant’s
bug remover and find the insects removed from
the motor vehicle.

We agree with the Trademark Examining Attorney that
consumers of automobile appearance products may be presumed
to have experimented with a variety of different kinds of
products designed specifically to deal with the challenge of
removing splattered bugs from the front of an automobile.
According to the record, some products require a longer
soaking period after application but prior to wiping and/or
washing than is true of competing products. To the extent
that a manufacturer or merchant of this type of product would
recommend spraying the liquid on the vehicle, waiting for a
minute, and then rinsing it with a water hose or wiping it
off with a towel, the time frame of “one minute” (and
especially with this wording surrounding the numeral “1”)
seems to be a literal, sixty-second minute rather than the
more vague “wait a while,” do it “soon” or “right away.”
It is well settled that third-party registrations are
not conclusive on the question of descriptiveness. Each case
must stand on its own merits, and a mark with a portion that
is unregistrable because it is merely descriptive should not
be registered on the Principal Register without a disclaimer
simply because other marks appear on the register having
Serial No. 76415261
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similar terms undisclaimed. The question of whether a term
is merely descriptive must be determined based on the
evidence of record at the time registration is sought.
Nonetheless, inasmuch as both applicant and the
Trademark Examining Attorney have cited to specific third-
party registrations on the federal trademark register
ostensibly supporting their respective positions, we will
look at them to see if we can detect a pattern. Applicant
has focused on a listing of marks, all of which contain the
term “one minute,” where this term has not been disclaimed:
THE ONE MINUTE
DIET
for “books and teaching guides concerning
weight loss programs”2
ONE MINUTE MORSEL for “entertainment services in the nature of a
television series featuring nutritional
education”3
THE ONE-MINUTE
BIBLE
for “religious books”4

ONE MINUTE MAIL
ORDER
for “mail order sale of microcomputer hardware
and software”5
THE ONE MINUTE
CHRISTMAS TREE
STAND
for “Christmas tree stands”6
ONE MINUTE
MEDITATOR
for “printed publications, namely, books in the
field of stress and finding meaning in the
readers’ every day lives”7

2 Registration No. 2672540; the word “Diet” is disclaimed.
3 Registration No. 1880128.
4 Registration No. 1847344; the word “Bible” is disclaimed.
5 Registration Number 1780677; the words “Mail Order” are
disclaimed.
6 Registration No. 2044217; the words “Christmas Tree Stand” are
disclaimed.
7 Registration Number 2473664; the word “Meditator” is
disclaimed.
Serial No. 76415261
- 7 -

ONE MINUTE
MANICURE
for “skin cleansing lotion”8
ONE MINUTE
NETWORKER
for “books, workbooks, manuals, and video tapes and
books sold as a unit, in the field of network
marketing training”9
ONE MINUTE
SHOPPER
for “online trading services to facilitate the sale
of goods by others via a computer network and
affiliate program; online auction services via a
global computer network; and online retail
services featuring a variety of general
merchandise”10
ONE MINUTE
MILLIONAIRE
for “educational and entertainment services, namely,
conducting seminars and lectures, both live and
over the Internet, for financial enlightenment in
support of personal goals and achievements; a
continuing series of television shows and radio
broadcasts, all on the subject of financial
enlightenment in support of personal goals and
achievements”11

By contrast, the Trademark Examining Attorney has
submitted copies of third-party registrations with marks
having time frames ranging from two minutes up to thirty
minutes, where the wording naming the respective time frames
has been disclaimed in each registration:

[“2 Minute Advisor” disclaimed]
for “providing customized information to
prospective students in the field of
undergraduate, graduate and continuing
education via the Internet”12

THE 5 MINUTE MIRACLE
[standard character drawing,
disclaimed material
underlined]
for “series of video tapes relating to
exercise”13

8 Registration Number 2500082.
9 Registration Number 2646068.
10 Registration Number 2459213; the word “Shopper” is disclaimed.
11 Registration Number 2754128.
12 Registration Number 2706361.
13 Registration Number 2391295.
Serial No. 76415261
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5 MINUTE MIRACLE
MANICURE
for “fingernail strengthener and finger
nail color enamel”14
BANK ONE FIVE MINUTE
MORTGAGE
for “banking services”15
VIP 10 MINUTE MEAL for “frozen foods, namely, frozen
vegetables with sauce”16

[“10 MINUTE PRESCRIPTIONS”
disclaimed]
for “pharmacy services”17
THE 10 MINUTE TUNE-UP for “educational services, namely,
conducting seminars and courses in the
alleviation of pain and stress in the
human body to promote better health”18
10 MINUTE MIRACLE for “manually operated exercise
equipment”19
THE 15 MINUTE CHEF for “printed recipes that appear in
newspapers; recipe cards and books,
magazines and pamphlets on the subject
of food and cooking” and “entertainment
in the nature of on-going radio,
television and cable television
programs in the field of food and
cooking”20
BEHR 15 MINUTE QUIK-FIX for “wood stripping and cleaning
preparations”21
20-MINUTE LEARNING
CONNECTION
for a “series of non-fiction books”22
20 MINUTE MILLIONAIRE for “pyramid structure multi-level
marketing business services”23
CINDY ROWE 30 MINUTE
WINDSHIELD REPAIR
for “automobile windshield repair
service”24

14 Registration Number 1545079.
15 Registration Number 2070669.
16 Registration Number 2155019.
17 Registration Number 2421850.
18 Registration Number 2011881.
19 Registration Number 2468335.
20 Registration Number 2558227.
21 Registration Number 2063300.
22 Registration Number 2698773.
23 Registration Number 2370676.
24 Registration Number 1980851.
Serial No. 76415261
- 9 -
30 MINUTE CLOSET
MAKEOVER
for “closet organizer system comprised of
partitions, adjustable shelving, hanging
rods, hangers and installation hardware,
sold as a unit”25

In making decisions about mere descriptiveness, it is
incumbent upon the Trademark Examining Attorney to take into
consideration the context in which the mark is intended to be
used in connection with the identified goods, and the
possible significance that the mark, or any portion of the
mark, would have to the average purchaser of the goods in the
marketplace. Yet, in support of its position, applicant
claims that it is “absurd” to believe that Trademark
Examining Attorneys, in deciding the issue of mere
descriptiveness on behalf of the Trademark Office, actually
make a determination as to whether or not the time period
contained within a mark actually prescribes the amount of
time required to effectuate each product or service. In
effect, the Trademark Examining Attorney argues that, indeed,
this is done with each such application.
It is true that the time periods in the marks chosen by
the Trademark Examining Attorney are for somewhat longer
periods of time than “one minute.” Yet, while we do not have
access to the underlying files, presumably a closet makeover
kit [30 MINUTE CLOSET MAKEOVER] could reasonably be installed in
thirty minutes. Similarly, it seems likely that Cindy Rowe

25 Registration Number 2055819.
Serial No. 76415261
- 10 -
Auto Glass [CINDY ROWE 30 MINUTE WINDSHIELD REPAIR] is able to
repair cracked windshields in half an hour or less. It was
probably determined that one quarter of an hour is the time
it will take to prepare the meals in THE 15-MINUTE CHEF, while
ten minutes should be time enough to prepare a frozen meal
[VIP 10 MINUTE MEAL] or get a prescription filled [ ]. Is
it equally realistic to believe that “one minute” is all the
time one needs to leave this liquid product to do its work on
the front of a vehicle? The record tells us it is.
By contrast, the activities in the registrations
applicant has highlighted involve meditating or reading the
Bible, losing weight or making a million dollars,26 learning
about computer networking or ordering computer equipment
online. These merchants or manufacturers, when selecting
“One Minute” as part of a mark for such activities,
legitimately anticipate that potential consumers will view
this term as suggesting the activity can be done more quickly
than one might expect, or with minimal effort – but not as a
realistic instruction for the prospective customer to set
aside a sixty-second interval to complete the activity.

26 While twenty minutes may be realistic for the length of time
it takes to review an electronic book on getting involved in a
pyramid scheme [20 MINUTE MILLIONAIRE] (see registration at footnote
23), it is unlikely one could complete an enlightening personal
financial seminar within sixty seconds [ONE MINUTE MILLIONAIRE] (see
registration at footnote 11).
Serial No. 76415261
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Finally, the stark presence of the numeral “1” in a
circle within applicant’s composite mark reinforces the idea
of a sixty-second interval comprising “one minute” rather
than suggesting the consumer simply wait “a minute.”
Accordingly, we find that applicant’s choice of “One
Minute” in its composite mark conveys specific information
about a timed interval, and that consumers would be looking
to another literal designation not present on this composite
to find a source indicator for this product. Hence, we
affirm the refusal of the Trademark Examining Attorney to
register this matter absent a disclaimer of the unregistrable
component, “One Minute.”
Decision: The requirement for a disclaimer of the “One
Minute” portion of the mark herein on the ground that this
phrase is merely descriptive in connection with the
identified goods is affirmed.
However, in accordance with Trademark Rule 2.142(g),
this decision will be set aside and this application will be
returned to the Trademark Examining Attorney to place in
condition for publication for opposition, if applicant, no
more than thirty days from the mailing date of this decision,
submits an appropriately worded disclaimer, namely:
No claim is made to the exclusive right to use
“One Minute” and “Bug Remover” apart from the
mark as shown.