Decisions · 87169404
In re James Haden, M.D., P.A.
Serial No. 87169404 · Decided 2019-12-04 · Other
What happened
Mixed result — the Board found the words ALLERGY CARE generic for allergy-treatment medical services, but because the mark is a stylized logo the applicant may keep its Supplemental Register application alive by disclaiming the generic words within 30 days; otherwise the refusal stands.
The marks
Applicant
Design mark consisting of a red, horizontal oval with a white and blue border; inside the oval in stacked formation are the words "ALLERGY CARE" in stylized capital letters in white with blue outline; colors red, blue and white claimed as features of the mark (text extraction shows a gap where the mark image is embedded in the original, e.g. "seeks registration ... of the mark for" and "Applicant's mark is")
"Medical and health care services, namely, medical treatment of allergies, asthma, immune disorders, and shortness of breath," in International Class 44
Why this decision is significant
Precedential template for the conditional, self-executing disposition: genericness of the literal element affirmed, with a 30-day disclaimer option preserving registration of the stylized whole on the Supplemental Register — a practical roadmap for design marks built around generic wording.
Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.
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The original record
Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.
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