Guaranteed Rate, Inc.Download PDFTrademark Trial and Appeal BoardOct 6, 202087054849 (T.T.A.B. Oct. 6, 2020) Copy Citation Mailed: October 6, 2020 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ In re Guaranteed Rate, Inc. _____ Application Serial No. 87054849 _____ Rebecca Liebowitz of Venable LLP, for Guaranteed Rate, Inc. Andrea P. Butler, Trademark Examining Attorney, Law Office 124, Lydia Belzer, Managing Attorney. _____ 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 - 3 - 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. Copy with citationCopy as parenthetical citation