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“ENHANCED PUSH-TO-TALK:” TTAB Found AT&T’s Proposed Trademark Descriptive

by | Feb 18, 2021 | Trademark | 0 comments

In early January 2021, the Trademark Trial and Appeal Board (TTAB) refused to register A&T’s proposed trademark for “ENHANCED PUSH-TO-TALK” on a descriptiveness basis. See Opposition Nos. 91/241,178 and 91/241,179.

On October 17, 2017, AT&T filed trademark applications for “AT&T’S ENHANCED PUSH-TO-TALK” and “ENHANCED PUSH-TO-TALK” in connection with telecommunication services in International Class 038. On May 15, 2018, Sprint Communications Company L.P. (Sprint) filed a Notice of Opposition against each mark alleging the wording “PUSH-TO-TALK” was merely descriptive of a feature of “two-way radios, mobile phones and other communication devices which allows users to switch from reception mode to transmit mode with the push of a button” and that the wording was in common use by Sprint and many other telecommunications companies (as shown by the disclaimer of “PUSH-TO-TALK”).  Sprint argued the word “ENHANCED” was merely descriptive because “it does nothing more than convey to consumers that the services are improved, augmented or better than before” and that the word was frequently used by third parties in close connection with the wording “push-to-talk” to refer to push-to-talk services with enhanced features. On January 8, 2021, the TTAB found “ENHANCED PUSH-TO-TALK” highly descriptive of AT&Ts telecommunication services and “AT&T ENHANCED PUSH-TO-TALK” unregistrable in connection with Applicant’s services, absent a disclaimer of “ENHANCED PUSH-TO-TALK.”