Two decades after one of its predecessor companies failed to trademark "The Structured Settlements Company" as its own, a fresh attempt by EPS Settlements Group met with a similar fate. Download The Structured Settlements Company Trademark Electronic Search. The filing was abandoned August 10, 2009 according to the website of the United States Patent and Trademark Office (USPTO).
On April 6, 2009 EPS filed a separate action to try to register EPS Settlements Group The Structured Settlements Company (Serial 77713386).
While the USPTO stated on June 30, 2009 that its search results found no conflicting marks, the office action raises similar concerns as the failed application, namely that the words "Settlements Group The Structured Settlements Company" are descriptive of its services (i.e. a group or company that provides structured settlements". The USPTO cites numerous stories which include the words EPS is trying to trade mark. Many of those stories involve competitors of EPS, including Ringler and The James Street Group.
This author continues to opine that the trade marking of "the structured settlements company" in any capacity will put EPS competitors at a disadvantage. As it is mediators often refer to settlement consultants during introductions as "...from the structured settlement company", whether or not they are from EPS. Before a mark is registered it must be published for opposition.
The USPTO has requested that a disclaimer be included which states a standard format "No claim is made to the exclusive right to use “SETTLEMENTS GROUP THE STRUCTURED SETTLEMENTS COMPANY” apart from the mark as shown".
Read the June 30, 2009 office action Download EPS The Structured Settlements Company USPTO Latest Status Info