TRAFFIC LAW CENTER Registrable for Legal Services
Welch writes that the Applicant proved use of the mark since 1989, providing services to more than 110,400 clients and garnering revenues of more than $20 million in the 1990-2002 period. He also spent more than $3 million in advertising during roughly the same period and prominently displays the designation TRAFFIC LAW CENTER at his various locations:
The Board rejected the PTO's poSition that the mark is "highly descriptive" and therefore must meet a heightened 2(f) standard of proof. The Board also found that each of the "several other lawyers or law firms around the country" use TRAFFIC LAW CENTER in rendering their services in "a proprietary manner, i.e., as a trade name or service mark, not use in a descriptive manner." Still, the Applicant's own usage of "traffic law" in his appeal briefs and his license agreement led to this portion of the mark requiring a disclaimer.