PBM Products, LLC

Trademark Trial and Appeal Board

Mar 19, 2013

No. 77385593re (T.T.A.B. Mar. 19, 2013)

THIS OPINION IS NOT A
PRECEDENT OF
THE T.T.A.B.

Mailed: March 19, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re PBM Products, LLC
________

Serial Nos. 77368754 & 77385593
_______

On Request for Reconsideration
_______

Theodore A. Breiner of Breiner & Breiner LLC for PBM
Products, L.L.C.

Simon Teng, Trademark Examining Attorney, Law Office 105
(Thomas G. Howell, Managing Attorney).
_______

Before Cataldo, Wellington and Shaw,
Administrative Trademark Judges.

Opinion by Cataldo, Administrative Trademark Judge:

The Board’s March 5, 2013 decision, denying
applicant’s request for reconsideration of our March 29,
2012 determination affirming the examining attorney’s
refusal to register in both applications, is hereby
clarified as follows.

Ser. Nos. 77368754 and 77385593
2
Application Serial No. 77385593
Solely with regard to application Serial No. 77385593,
if applicant submits the required disclaimer of VERMONT
ORGANICS to the Board within thirty days from the date of
this clarified decision, the decision will be set aside, as
to the affirmance of the disclaimer requirement,
Application Serial No. 77385593 shall be amended to enter
the disclaimer, and the application then shall proceed to
publication.1 See Trademark Rule 2.142(g), 37 C.F.R.
§2.142(g).

1 The standardized printing format for the required disclaimer
text is as follows: “No exclusive right to use LEGAL is claimed
apart from the mark as shown.” See TMEP §1213.08(a)(i) (8th ed.
October 2012).