Sprint Communications Company L.P.v.AT&T Intellectual Property II, L.P.

Trademark Trial and Appeal Board

Feb 5, 2021

91241178 (T.T.A.B. Feb. 5, 2021)

This Order is Not a
Precedent of the TTAB

Mailed: February 5, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
_____

Sprint Communications Company L.P.

v.

AT&T Intellectual Property II, L.P.
_____

Opposition Nos. 91241178 and 91241179

_____

Marie Anne Mastrovito of Abelman, Frayne & Schwab,
for Sprint Communications Company L.P.

Jeffrey M. Becker and Joseph Lawlor of Haynes and Boone, LLP,
for AT&T Intellectual Property II, L.P.
_____

Before Cataldo, Adlin and Hudis,
Administrative Trademark Judges.

Opinion by Hudis, Administrative Trademark Judge:
On January 8, 2021, the Board sustained Opposition No. 91241178 against
Application Serial No. 87649171 for the proposed standard character mark
ENHANCED PUSH-TO-TALK, on the ground that it is merely descriptive of the
Opposition Nos. 91241178 and 91241179
- 2 -

services identified in the Application under Trademark Act Section 2(e)(1), 15 U.S.C.
§ 1052(e)(1).1
The Board’s Order also sustained Opposition No. 91241179 against Application
Serial No. 87649163 for the standard character mark AT&T ENHANCED PUSH-TO-
TALK, on the ground that the proposed mark is merely descriptive of the services
identified in the Application in the absence of a disclaimer of “enhanced push-to-talk”.
Applicant was allowed 30 days to file a disclaimer in the following format: “No claim
is made to the exclusive right to use ‘ENHANCED PUSH-TO-TALK’ apart from the
mark as shown”, in which event judgment would be set aside as to Application Serial
No. 87649163.2
On February 3, 2021, Opposer submitted a disclaimer in the required format set
out above.3 In view thereof, the disclaimer is accepted and will be entered in due
course. The Board’s January 8, 2021 judgment therefore is set aside as to Application
Serial No. 87649163 only.

1 Board Order of January 8, 2021, 46 TTABVUE.
2 Id. at 3, 43.
3 Submission of Disclaimer, 47 TTABVUE 2-3.