1213.05(b)(ii)(B)   Prepositional Phrases

A preposition is "a word that usually comes before a noun or a pronoun and shows its relation to another part of the sentence." MacmillanDictionary.com, search of "preposition," http://www.macmillandictionary.com/dictionary/american/preposition  (Jan. 31, 2012). Examples of prepositions include above, at, before, between, by, for, from, in, into, of, on, since, through, to, toward, until, and with. Chicagomanualofstyle.org, search of "preposition," http://www.chicagomanualofstyle.org/16/ch05/ch05_sec170.html  (Jan. 31, 2012). Moreover, a preposition "links an object and an antecedent to show the relationship between them." Chicagomanualofstyle.org, search of "preposition," http://www.chicagomanualofstyle.org/16/ch05/ch05_sec169.html  (Jan. 31, 2012). The relation or connection may be to indicate a spatial relationship, location, time, cause, means, or possession. Chicagomanualofstyle.org, search of "preposition," http://www.chicagomanualofstyle.org/16/ch05/ch05_sec174.html  (Jan, 31, 2012). A prepositional phrase is the combination of the "preposition, its object, and any words that modify the object," for example, "over the hill," "in the sports car," or "near her." Chicagomanualofstyle.org, search of "prepositional phrase," http://www.chicagomanualofstyle.org/16/ch05/ch05_sec173.html  (Jan 31, 2012); see MacmillanDictionary.com, search of "prepositional phrase," http://www.macmillandictionary.com/dictionary/american/prepositional-phrase  (Jan. 31, 2012).

Wording in a mark that comprises a prepositional phrase is generally connected or unified by the preposition(s) in such a way that the elements would not be regarded as separable. In addition, marks comprised of prepositional phrases often have the commercial impression of a catch phrase or slogan. In some instances, however, marks contain distinctive matter followed by unitary prepositional phrases that are informational or descriptive, and these prepositional phrases are separable from the rest of the mark and must be disclaimed. Common examples include "of" followed by a geographic place name (e.g., "of Atlanta") and "for" followed by a consumer designation (e.g., "for children").

The preposition FOR joins THE EARTH with MANGOS, indicating a relationship between the wording. MANGOS is not separable because the prepositional phrase modifying it brings all the wording in the mark together to convey something more than the individual components. No disclaimer of MANGOS is required.

The prepositions OF and FOR create two prepositional phrases joined as a unit that could be viewed as a catch phrase. No disclaimer of HEART DISEASE is required.

The descriptive prepositional phrase FOR MEN appears separable from the rest of the mark and does not create a distinct meaning independent of the meaning of the separate elements. Disclaimer of FOR MEN is required.