Guaranteed Rate, Inc.

Trademark Trial and Appeal Board

Oct 6, 2020

87054849 (T.T.A.B. Oct. 6, 2020)

Mailed: October 6, 2020

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Guaranteed Rate, Inc.
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Application Serial No. 87054849
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Rebecca Liebowitz of Venable LLP, for Guaranteed Rate, Inc.

Andrea P. Butler, Trademark Examining Attorney, Law Office 124,
Lydia Belzer, Managing Attorney.
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Before Bergsman, Lynch and Larkin, Administrative Trademark Judges.

Opinion by Bergsman, Administrative Trademark Judge:

Guaranteed Rate, Inc. (Applicant) seeks registration on the Principal Register of
the mark GUARANTEED RATE and design, reproduced below, for “financial
services, namely, mortgage refinancing; mortgage banking; mortgage banking
services, namely, origination, acquisition, servicing, securitization and brokerage of
mortgage loans; mortgage brokerage; mortgage lending; mortgage refinancing,” in
International Class 36:1

1 Application Serial No. 87054849 filed May 31, 2016, under Section 1(a) of the Trademark
Act, 15 U.S.C. § 1051(a), claiming first use anywhere and first use in commerce as of March
2000.
This Opinion Is Not a
Precedent of the TTAB
Precedent of the TTAB
PrePrecedent of the TTAB
Serial No. 87054849

- 2 -

The application includes the following description of the mark:
The mark consists of the word “GUARANTEED” in grey
and “RATE” in white, where the word “RATE” appears on
a red arrow pointing down.
The color(s) grey, red and white is/are claimed as a feature
of the mark.
Applicant claims that the term “Guaranteed Rate” has become distinctive of its
described services pursuant to Section 2(f) of the Trademark Act.
The Examining Attorney refused registration under Section 2(e)(1) of the
Trademark Act, 15 U.S.C. § 1052(e)(1), on the ground that the term GUARANTEED
RATE is merely descriptive and must be disclaimed, and Applicant’s claim of acquired
distinctiveness is insufficient to support registration as to either mark. In addition,
the Examining Attorney refused to register Applicant’s mark absent a disclaimer on
the ground that the term GUARANTEED RATE in the applied-for mark is merely
informational and fails to function as source-indicating. Sections 1, 2, 3, and 45 of the
Trademark Act, 15 U.S.C. §§ 1051-1053, 1127.
On appeal, by decision issued July 30, 2020, the Board did not reach the disclaimer
requirement based on informational matter, but found that Applicant had not met its
burden of establishing acquired distinctiveness under Section 2(f) of the Trademark
Act, 15 U.S.C. § 1052(f), as to the highly descriptive wording GUARANTEED RATE.
Serial No. 87054849

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Accordingly, the Board affirmed the refusal to register Applicant’s mark on this basis,
subject to allowing Applicant time to file a disclaimer.
On September 30, 2020, Applicant timely filed a disclaimer of the exclusive right
to use the term “Guaranteed Rate” for the services identified in International Class
36.2 In view of the foregoing, the requirement for disclaimer having been met, the
application will proceed to publication with a disclaimer to the exclusive right to use
the term “Guaranteed Rate.”

2 In an order dated August 28, 2020, the Board granted Applicant’s motion to extend the time
to file the required disclaimer until September 30, 2020.