Carabiner: The word and the trademark...

Image source: Wikipedia

This all started when I was talking to a colleague on the phone earlier today and suggested that he get a carabiner.  He said, what's that.  I told him it was one of those metal clips that you see attached to back packs and day packs to hang stuff from. He then said I should discuss the carabiner in my next blog post. So here goes...

Carabiner: The word and the trademark.

First of all, the use of a word arbitrarily is basically open season, as it were, subject to conflicts, etc. et al.   Thus, "Carabiner" can be used and registered as a trademark so long as it is not being used merely descriptively (generally speaking).

With that said, here is what Wikipedia has to say:

A carabiner (/kærəˈbiːnər/) or karabiner is a metal loop with a sprung gate[1] used to quickly and reversibly connect components in safety-critical systems. The word is a shortened form of "Karabinerhaken", German for "spring hook for a carbine".[2]"

           http://en.wikipedia.org/wiki/Carabiner
 
In terms of trademarks that are either pending or registered in the U.S., here are two case studies:

1.  Pending

Word Mark:  KING CARABINER
Goods and Services
IC 006. Metal fasteners, namely, metal clips and metal hooks for hanging or carrying items
Standard Characters Claimed
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number  85579307
Filing Date  March 25, 2012
Current Basis  1B
Original Filing Basis  1B
Published for Opposition   August 28, 2012
Owner (APPLICANT) Carolina Publishing & Advertising Corp. CORPORATION NORTH CAROLINA 279 Serenity Hill Circle Chapel Hill NORTH CAROLINA 275160390

Disclaimer  NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CARABINER" APART FROM THE MARK AS SHOWN
Type of Mark   TRADEMARK
Register   PRINCIPAL
Live/Dead Indicator   LIVE

comment:  I think I would have refused this application as being merely descriptive of the goods since Carabiner is generic for metal fasteners.  Interestingly, however, the USPTO recently approved this application for publication...  I don't think the disclaimer helps. What do you think ?  KING seems like a superlative term without much strength and the mark is filed in standard character format.

2.  Registered

Word Mark   CARABINER TORCH
Goods and Services
IC 034. CIGARETTE LIGHTERS NOT OF PRECIOUS METAL. FIRST USE: 20030710. FIRST USE IN COMMERCE: 20030710
Mark Drawing Code  (1) TYPED DRAWING
Serial Number  78272873
Filing Date  July 10, 2003
Current Basis  1A
Original Filing Basis  1A;1B
Published for Opposition  October 5, 2004
Registration Number  2914511
Registration Date   December 28, 2004
Owner  (REGISTRANT) Liu, Lily INDIVIDUAL UNITED STATES 17 Preston Lane Hicksville NEW YORK 11801
Disclaimer  NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CARABINER" APART FROM THE MARK AS SHOWN
Type of Mark  TRADEMARK
Register  PRINCIPAL
Live/Dead Indicator  LIVE

comment:  The Examining Attorney required a 'disclaimer' and this appears to be because the lighter at issue is shaped like a carabiner (see specimen below).  The Office Action of record required the included a dictionary definition, as follows:

 car·a·bi·ner also kar·a·bi·ner (kàr´e-bê¹ner)  noun
An oblong metal ring with a spring clip, used in mountaineering to attach a running rope to a piton or similar device.[1]

fn:  [1]The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.

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Except for its shape, which most likely accounts for the disclaimer requirement, this use of Carabiner seems arbitrary.  On the other hand, it seems like "Torch" should have been disclaimed as well.  In any case, I like this mark and I want one of these lighters (see specimen below) !
 

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So there you have it!  Carry one of these torches and you can have your carabiner and light it too...


Respectfully submitted,


William E. Maguire
www.TrademarkEsq.com

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