Carbon Audio Holdings, LLC

Trademark Trial and Appeal Board

Sep 12, 2013

No. 85394582 (T.T.A.B. Sep. 12, 2013)

THIS OPINION IS NOT A
PRECEDENT OF THE TTAB

Mailed: September 12, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
_____

In re Carbon Audio Holdings, LLC
_____

Serial No. 85394582
_____

Phil Nelson of Slinde Nelson Stanford,
for Carbon Audio Holdings, LLC.
Laura Dawn Golden, Trademark Examining Attorney, Law Office 103,
Michael Hamilton, Managing Attorney.
_____

Before Bucher, Ritchie and Kuczma,
Administrative Trademark Judges.

Opinion by Bucher, Administrative Trademark Judge:
Carbon Audio Holdings, LLC (“applicant”) seeks registration on the
Principal Register of the mark Carbon Audio (in standard character format) for
“audio headphones; audio speaker enclosures; audio speakers; wireless indoor
and outdoor speakers” in International Class 9.1

1 Application Serial No. 85394582 was filed on August 10, 2011, based upon applicant’s
allegation of bona fide intention to use the mark in commerce. No claim is made to the
exclusive right to use the word “Audio” apart from the mark as shown.
Serial No. 8

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Serial No. 85394582
3

and that prospective consumers will make “[n]o functional distinction …
between a speaker made out of carbon or something else.” Furthermore,
applicant argues that “[a]s one slides down the specificity scale [e.g., from
“coffee” as a product ingredient of a beverage, to “carbon” atoms in speakers],
that [direct] association is reduced. The universal abundancy of carbon as an
ingredient makes the reference vague, even perhaps arbitrary, in the minds of
some consumers.” Applicant also argues that while much of the evidence in the
file makes reference to a rigid and durable composite material known as “carbon
fibers,” the word “carbon” alone has no specific meaning in the audio industry.
By contrast, the examining attorney contends that carbon fiber composites
are simply a specific type of carbon. Moreover, in the context of audio products,
the word “carbon” clearly conveys information immediately that applicant’s
speakers may be “made of carbon fibers.” The examining attorney contends that
it is most relevant that the evidence of record clearly demonstrates that “carbon
fibers” are a most desirable ingredient in many “audio headphones; audio
speaker enclosures; audio speakers; wireless indoor and outdoor speakers.”
We learn from the record that carbon fibers were first employed in the 1960s
in the aerospace and defense industries, for racing yachts, and for open wheel
racing automobiles. A desirable characteristic of carbon fiber is its high strength-
to-volume ratio, making components strong for their size. The articles of record
repeatedly cite to its low weight, high tensile strength, durability, high
stiffness/rigidity, high temperature tolerance and low thermal expansion, etc.
Serial No. 85394582
4

Perhaps not surprisingly, carbon-fiber-reinforced polymers are also quite
expensive to fabricate into finished products. Following its initial applications in
aerospace/defense and in the transportation industry, this technology was then
adopted prominently in other fields such as medical devices, home furniture and
other “life-style products,” including for our purposes, high-end audiophile
loudspeakers, for home, stage and cars.
STUDY SOUGHT ON LIGHTER BUSES, TRAINS
… The proposal cites such lightweight materials as carbon-fiber
panels.
“Carbon-fiber material is virtually corrosion-free, so that the
bodies of these vehicles should have a very long life, potentially as
high as 25 to 30 years,” the proposal states… . 2
- o O o -

FUTURISTIC YACHT SAILS SEAS WITH PUSH-BUTTON EASE
The Procyon is billed as the most advanced sloop ever to sail the
high seas. Here are some features:
Lightweight bipod mast
“Upside-down wishbone” made of carbon fiber saves about 400
lbs. and can be lowered from full 81 feel to 60 feet to travel under
bridges. Mainsail is furled on a central stay… . 3
- o O o -

TECHNOLOGY UP SEVERAL PEGS
… [T]he revolutionary prosthetic is a carbon-fiber-composite leg
that weighs 6 pounds or less (half the weight of its predecessor) and
utilizes vertical shock absorption through telescoping tubes and a
carbon-fiber side-spring assembly… .
“The carbon fiber is lightweight, but really strong,” Huston
said. … The success of Phillips’ carbon-fiber leg/foot assembly
prompted a number of competing manufacturers to fabricate
similar limbs… . 4

2 Los Angeles Times, B-1, by Mark A. Stein, April 4, 1992.
3 St. Petersburg Times (FL), at 1E, by Mark Albright, November 4, 1995.
4 Tulsa World (OK), at E1, September 24, 1996.
Serial No. 85394582
5

NOUVEAU RICH: THESE AREN’T YOUR DAD’S RICH PEOPLE
Welcome to the Land of the Loaded, where the stinkin’ rich
crank their tunes on $12,000 carbon-fiber speakers from Wilson
Benesch and toss their loose pennies into $125 black leather
change trays from Calvin Klein … . 5
- o O o -

LUXURY CAR PROFILES
Gadgets and innovations: [The 2003 Mercedes-Benz SLR
McLaren’s] lightweight carbon-fiber body combined with its 600-
plus horsepower, supercharged V-8 engine results in zero-to-60
acceleration of 3.7 seconds … . 6
- o O o -

AUDIO STARTUP CREATES BUZZ: FOLSOM COMPANY RAISES CASH TO PERFECT
ULTRA-THIN SPEAKER TECHNOLOGY
The pleated-panel speakers are 12 inches square. They
incorporate lightweight components such as carbon fiber and
neodymium magnets, so they weigh less than 15 pounds each,
contrasting with a typical “fine sounding” speaker that weighs 50 to
150 pounds, Alberts said. 7
- o O o -

GOT GIFT MONEY TO BURN?
A far cry from the $10 million stable of racehorses offered in
2008, this year’s most expensive gift is the sport aircraft ICON A5
… and pilot training for two. The plane features an amphibious hull
and landing gear; a lightweight carbon-fiber frame, and wings that
rotate and fold back for transport in a custom trailer – all for
$250,000 eco-friendly sparkle. 8
- o O o -

GOT A NEW MP-3 PLAYER? WHAT ABOUT EARPHONES?
Phiaton MS 300 (list price $199) – The Phiatons [sic] offer
really excellent quality at a relatively low price, and they look like
infants next to any of the grown-up Bose or Sennheiser headsets.
Their double-shelled carbon fiber speaker enclosures make for an

5 The Denver Post, at E-01, by Bill Briggs, January 30, 2000.
6 Crain’s Detroit Business, at E-4, October 27, 2003.
7 Sacramento Business Journal, by Melanie Turner, June 2, 2008.
8 The Virginian-Pilot (Norfolk, VA), at E4, by Mike Kernels, October 31, 2009.
Serial No. 85394582
6

excellent, natural sound, and they’re a lot quieter than run-of-the-
mill headphones… . 9
- o O o -

FLIPS AND SPLITS OF NEW YORK’S REAL-ESTATE COMMUNITY
Bad Boy Entertainment promotions exec Dontay Thompson,
who works with [Sean “P. Diddy” Combs], just bought a unit at the
condo. The audio can be controlled from every room, and will soon
be connected to a 5.1 channel theater [system] that includes high-
grade aluminum and carbon-fiber speakers … . 10
- o O o -

RUSH ORDER FOR INNOVATION SAVES COMBAT LIVES; SYRACUSE COMPANY’S
INVESTORS MEET THE ARMY’S CHALLENGE TO CUSTOMIZE ANTI-MORTAR RADAR
… [A]t Forward Operating Base Delta, in southern Iraq, last
summer, Frank Ordoñez holds a magnifier to show the detail of the
carbon fiber his company produces in his Elbridge lab for SRC’s
anti-mortar radar. SRC came to him to figure out how to make the
radar small and light enough for the field. Allred’s carbon fiber is
twice as strong as steel and half the weight of aluminum. 11
- o O o -

REFINED POWER: DESIGN: ASTON MARTIN DBS VOLANTE FEATURES BRITISH
DESIGN AND A V12 BUILT TO THRILL
The test car we had was the so-called “Carbon Edition,” which
means that, in a sop to the 21st Century, Aston Martin has made
some of the car’s pieces – the outside mirror heads, pieces of the tail
lights and tailpipes – out of carbon fiber, an extremely strong and
lightweight material … . 12

As a matter of fact, the record shows that there is a huge market among
audiophiles for high-quality loudspeakers, some costing more than $12,000 a
pair. Among the priciest of such speakers are ones containing woofers (or
subwoofers) that produce low-frequency sounds by incorporating carbon-fiber-

9 St. Louis Post-Dispatch, at D3, by Sarah Bryan Miller, January 3, 2010.
10 New York Daily News (NY), at 3, January 15, 2010.
11 The Post Standard (Syracuse, NY), at A1, by Dave Tobin, May 2, 2010.
12 San Francisco Chronicle, at J4, by Michael Taylor, May 20, 2012.
Serial No. 85394582
7

reinforced materials into the speaker enclosures and/or speaker components
such as the cone (or diaphragms), dust caps or frame/basket structure:
Advanced Composilite™ Carbon Fiber Enclosure—reduces passive enclosure
losses (resulting in greater sonic accuracy), offers reduced weight, and is highly
weather resistant.
The QSC-ACE 1100 Series Composite Ultra-Wide Dispersion All Weather Loudspeakers are
high output, two-way speaker systems housed in lightweight, all-weather carbon fiber
enclosures.
QSC-ACE enclosures incorporate Composilite™, a patented core composite technology that
yields superior acoustic properties, lighter weight, and outstanding weather resistance compared
to conventional enclosure materials. Multiple skins of carbon fiber are layered over a phenolic
honeycomb core to form a rigid, seamless enclosure. The extreme stiffness of composite
construction prevents flexing of the enclosure walls, significantly reducing transmission loss due
to wall vibration. The result is reduced cabinet resonance, increased low-frequency output, and
greater sonic accuracy.
Furthermore, the enclosure’s light weight translates to safer rigging and reduced handling
costs.
Enclosure Materials: Composilite™ Composite Core with Carbon Fiber
13

A3X
The smallest big sound ever...
With the A3X, ADAM Audio present their smallest monitor to date, making it perfectly suited for all environments where
space is limited but sound shouldn’t be constricted. The A3X combines a tiny footprint with the much acclaimed ADAM sound
quality by using the X-ART tweeter for the higher frequencies, a guarantee for crystal clear music reproduction.
A 4.5” (basket) driver handles the lower registers. The diaphragm is made from carbon fiber, a material that is very light
but very stiff and therefore capable of delivering colouring-free sound. Two built-in 25 Watt amplifiers power each of the drivers
directly. 14

▪ Careful acoustic design and the use of advanced materials contribute to the exceptional music fidelity
and speech intelligibility exhibited by the Mackie Industrial MR4/4T (black) and MR4W/4WT (white)
two-way speaker systems.
▪ The low-frequency driver's carbon fiber diaphragm remains extremely rigid at high power levels,
producing a more linear response and lower distortion. The cone is fitted with a durable foam
surround and treated to resist moisture. The high-frequency section features a constant directivity
horn with a built-in mechanical phase equalizer. The horn is driven by a Ferrofluid® cooled, 0.5"
Mylar® dome tweeter. 15

JackHammer SuperWoofer
• 900 ounce strontium ferrite magnet with extended magnetic field gap technology
• Carbon fiber and glass fiber dust cap with aluminum honeycomb center
• Expanded polypropylene cone with mica filler for reduced mass and increased stiffness
• FEA designed progressive roll spider with 10 AWG integrated tinsel leads woven in to allow for 2.5" of linear
cone movement one way
• Aluminum shorting ring
• 6.5" voice coil with 17 AWG high temperature aluminum wire in a flat wound, long-excursion design
• Aluminum heat sink to maintain the optimum voice-coil temperature 16

13 http://media.qscaudio.com/pdfs/discontinued_products/1160spec.pdf as accessed by the
examining attorney on July 10, 2012.
14 http://www.adam-audio.com/files/downloads/A3X_engl150dpi.pdf as accessed by the
examining attorney on July 10, 2012.
15 http://www.mackie.com/pdf/mr4t_ss.pdf
16 http://www.mtx.com/mobile/products/series/28/JackHammer_Subwoofers/show.html
Serial No. 85394582
8

SPECIFICATIONS SP™ 12M

The new SP 12M is a two-way floor monitor speaker system
comprised of a 12" Black Widow® spider-frame BWX woofer with a
Kevlar®/carbon fiber-impregnated cone and an enclosure made from
nine-ply Baltic birch.
17

TS-W5000SPL
Premier 12" Competition SPL Component Subwoofer
▪ 2000 Watts Nominal Power
▪ Interlaced Carbon Fiber Reinforced IMPP Cone Woofer
▪ Dual Voice Coil Design
Interlaced Carbon Fiber Reinforced IMPP Cone*
The cone of the TS-W5000SPL features a patent-pending design that combines
long carbon fibers into a proprietary blend. The strong, lightweight
characteristics of carbon fiber render a robust IMPP cone capable of
withstanding the enormous pressure levels the speaker is capable of
generating. 18

Kick some
Serious asphalt.

The advantages of being lightweight and shallow.
First, we optimized every performance parameter so every MM speaker would
work with the latest thinking in automobile design. All models in the MM Series—
coaxial, systems and subwoofers—use newly developed carbon composite basket
structures. As you might suspect, carbon composite baskets are significantly more
rigid and robust than stamped steel buckets, therefore way less likely to be a
source of distortion; carbon composites also measure their reliability in years.
19

Audax HM210C0 8" Carbon Fiber Woofer
Designed for high end systems, these drivers utilize a very stiff and lightweight
woven carbon fiber cone. The use of this material results in dynamic bass response,
superb midrange clarity and an extremely natural top end roll off. … This 8" unit takes
full advantage of the carbon fiber material providing flat response, and deep, tight
bass.
• Woven carbon fiber cone

20

17 http://www.peavey.com/assets/literature/manuals/sp12m_specs.pdf
18 http://www.pioneerelectronics.com/PUSA/Car/Subwoofers/TS-W5000SPL
19 http://www.polkaudio.com/caraudio/mm/
20 http://www.madisoundspeakerstore.com/approx-8-woofers/audax-hm210c0-8-carbon-
fiber-woofer/
Serial No. 85394582
9

Aurum Cantus AC-200MKII 8" Carbon Fiber Sandwich Woofer
Overview
The AC-200MKII utilizes a special non-woven carbon fiber sandwich cone
with foam core for light weight and extreme rigidity. A high-power motor
offers exceptional cone control, high sensitivity, and substantial power
handling.
Highlights
▪ Multi-layer composite non-woven carbon fiber cone 21

T3 Audio T6C 6-1/2" Coaxial Speaker Pair
Highlights
• 6-1/2" 2-way full-range system brings true hi-fi
quality to mobile installations
• Lightweight yet strong carbon fiber cone with butyl
rubber surround
Manufactured with high quality carbon fiber cones, butyl rubber
surrounds, and a 1" low-profile red aluminum dome tweeter, these
coaxials were designed to handle harsh hot and cold environments
while performing at an unparalleled level of sonic excellence.
22

Carbon fiber home stereo speakers by Paul Stet
Over the years, we have seen designers and companies making
good use of carbon fiber in different fields, including autos,
home furniture and other lifestyle products. A true audiophile’s
den is never complete without a pair of stylish luxury speakers.
Designed by Paul Stet, these beautiful home stereo speakers
have been made with lightweight, high-strength carbon fiber.
23

10" Woven Carbon Fiber Cone Woofer
Extremely lightweight and rigid, carbon fiber makes
an ideal woofer cone material. The stamped frame
features a rounded over front basket for greatly
improved appearance
24

21 http://www.parts-express.com/pe/showdetl.cfm?partnumber=296-420
22 http://www.parts-express.com//pe/showdetl.cfm?partnumber=269-094
23 http://www.homechunk.com/?s=carbon+fiber+home+stereo+speakers&x=12&y=11
24 http://www.mcmelectronics.com/product/MCM-AUDIO-SELECT-55-1555-/55-1555 as
accessed by the examining attorney on February 4, 2013.
Serial No. 85394582
10

GREENEDGE™ BY HARMAN –
THE SOUND OF EFFICIENCY
GreenEdge in Action
GreenEdge High-Efficiency Speakers –
low power consumption and high sound-pressure levels
… Using innovative, lightweight materials, such as carbon fiber and an array
of highly efficient design solutions also ensures optimized low mass products.

25

Sound Image has designed and developed a complete line of carbon fiber speaker enclosures that are perfectly at
home in the corporate arena. The enclosures are light-weight, sturdy, and attractive, with pristine sonic quality. With the
development of these loudspeakers we gained the ability to put speakers where they may not have been able to go
before, due to weight constraints. A 1250 carbon fiber box only weighs 47lbs! 26

B23-265SUR
The timbre-matching, in-wall, surrounds for the B23 family of premium speakers. Bipole/Dipole surround, dual,
6.5" carbon fiber woofers, dual, 1", Titanium diaphragm tweeters. Sold Each.
The B23 is the top of TruAudio's in-wall home theater line up. Engineered for premium sound, excellence in
audio doesn't get any better than this. The finest components available, our exclusive tweeter design and sheer
beauty of the series will quite literally speak for themselves.
▪ Single cone light weight carbon fiber 27

This accumulated evidence too “ speaks for itself ” quite loudly – carbon fibers
are a significant component in woofers, subwoofers and other high-end
loudspeakers. The only question remaining is whether the term “carbon” alone
as adopted by applicant to be used in connection with speakers is in some way so

25 http://www.harman.com/EN-US/OurCompany/GroupInitiatives/Pages/GreenEdge.aspx
26 http://www.sound-image.com/corporate.html as accessed by the examining attorney on
February 4, 2013.
27 http://www.truaudio.com/products/6/BadBoy_Series/B23-265SUR
Serial No. 85394582
11

attenuated that potential consumers of stereo speakers will not make an
immediate connection to “carbon fibers.” On this critical point, we disagree with
applicant.
In spite of applicant’s best advocacy, we are not persuaded that prospective
purchasers of stereo speakers, upon first seeing “Carbon Audio,” will spend time
cogitating on Element #6 of the Periodic Table of the Elements (the “King of the
Elements”) due to carbon’s extensive uses in the universe,28 to all of “planet
Earth,”29 carbon dioxide, carbon emissions or carbon trading, to the production of
energy generally, to the particular form of carbon compounds used in applicant’s
plastics, or perhaps even of amplified sounds “providing energy to the listener.”30
Rather, we find that prospective consumers who hear or see the word
“Carbon” in the context of the combined term “Carbon Audio” as used in
connection with audio speakers and speaker enclosures will immediately think
of carbon fibers, and the critical role that they play in the sound quality,
durability, rigidity, and light-weight characteristics of high-quality speakers.
In fact, we do agree with one point emphasized by applicant, namely, that
“[t]he audio market is quality and characteristic driven.”31 Specifically, carbon
fibers are a well-known characteristic of expensive, high-end speakers.
Applicant’s intended mark, carried by the word “Carbon,” will immediately
convey information of just such a quality or characteristic.

28 Applicant’s brief at 3.
29 Id at 8.
30 Id at 6.
31 Id at 5.
Serial No. 85394582
12

Finally, in response to applicant’s arguments about there being no
competitive need for competitors to use the term “carbon,”32 we fear that
granting applicant rights in “Carbon Audio” for the listed goods could result in a
chilling effect, if not undue constraints, on competitors who certainly need to use
the word “carbon” in its narrow sense of “carbon fibers” to describe their audio
products.
Decision: The refusal to register applicant’s mark Carbon Audio under
Section 2(e)(1) of the Lanham Act is hereby affirmed.

32 Id. at 7-8.