inherentlydistinctive.com
Section 2(e)(1) Refusals
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Marks that are not Inherently Distinctive). SECTION 2(e)(1) REFUSAL MERELY DESCRIPTIVE. Redacted] OFFICE ACTION from UNITED STATES PATENT AND TRADEMARK OFFICE. This trademark was abandoned by the owner after the first refusal with no attempt to answer the office action.]. Registration is refused because the applied-. For mark merely describes a feature of applicant’s services. Trademark Act Section 2(e)(1), 15 U.S.C. 1052(e)(1); see TMEP 1209.01(b), 1209.03 et seq. 820 F2d 1216, 1217-. DOS merely descrip...
inherentlydistinctive.com
Overcoming Merely Descriptive Refusals
http://inherentlydistinctive.com/merelydescriptiverefusals.html
OVERCOMING A MERELY DESCRIPTIVE REFUSAL. A mark does not have to be totally lacking in meaning (completely non-. Descriptive) to be registrable, the USPTO trademark examiner may require an applicant to disclaim. For more information on geographically descriptive or geographically misdescriptive refusals see http:/ merely-. See more on acquired distinctiveness for Section 2(f) or 2(f) in part at Trademark2f.com. Examples of USPTO Trademark Office Action Rejections based on being merely descriptive. The ex...
inherentlydistinctive.com
m.Section 2(e)(1) Refusal
http://inherentlydistinctive.com/m.section2e1refusal.html
Marks that are not Inherently Distinctive). SECTION 2(e)(1) REFUSAL MERELY DESCRIPTIVE. Redacted] OFFICE ACTION from UNITED STATES PATENT AND TRADEMARK OFFICE. This trademark was abandoned by the owner after the first refusal with no attempt to answer the office action.]. Registration is refused because the applied-. For mark merely describes a feature of applicant’s services. Trademark Act Section 2(e)(1), 15 U.S.C. 1052(e)(1); see TMEP 1209.01(b), 1209.03 et seq. 820 F2d 1216, 1217-. DOS merely descrip...
inherentlydistinctive.com
m.Overcoming Merely Descriptive Refusals
http://inherentlydistinctive.com/m.overcomingmerelydescriptiverefusals.html
A result of Not Being Inherently Distinctive. A mark does not have to be totally lacking in meaning (completely non-. Descriptive) to be registrable, the USPTO trademark examiner may require an applicant to disclaim. Exclusive rights to part of the mark that is unregistrable rather than refuse the entire mark. See 15 U.S.C. 1056(a) Disclaimer of unregisterable matter. For more information on geographically descriptive or geographically misdescriptive terms see http:/ merely-. The examining attorney refus...
merely-descriptive.com
Oppositions Based On Merely Descriptive Marks
http://merely-descriptive.com/merelydescriptiveoppositions.html
Merely Descriptive, Priority, and Other Grounds for Oppositions to a Trademark. Trademarks that have received Notice of Allowance are published for opposition and may be opposed by anyone who has standing. For an opposition and grounds. Ee also Opposition Steps. Standing is why a person (or entity) believes it is or will be damaged by the registration sought to be opposed or canceled. Trademark Trial and Appeal Board Manual of Procedure (. Potential registrars of merely descriptive terms may be opposed a...
petitiontocancel.com
m.Cancellation Steps
http://petitiontocancel.com/m.cancellationsteps.html
WHAT HAPPENS AFTER THE PETITION TO CANCEL (the opening pleading) IS FILED? STEPS FOR A TRADEMARK CANCELLATION. For a USPTO registered trademark). Registered trademarks that issued may be contested and canceled by anyone who has standing. Grounds that negates the defendant's right to registration may be raised for cancellation except that incontestable. Have a more limited list of grounds on which they can be contested. TBMP 309.03(b) Standing. 289 F2d 656, 129 USPQ 275, 280 (CCPA 1961). Where registratio...
inherentlydistinctive.com
m.Inherently Distinctive Trademark
http://inherentlydistinctive.com/m.inherentlydistintivetrademark.html
MOvercoming Merely Descriptive Refusals. Why is Being ‘ Inherently Distinctive. Important to a Trademark or Service Mark? A Strong Trademark is a Bigger Piece of Intellectual Property. Is a strong trademark. An inherently distinctive. The stronger the trademark the greater protection received from the courts . Nike, Inc. v. Just Did It Enterprises. 6 F3d at 1231 (C.A.7 (Ill.), 1993) quoting Squirtco v. Seven-. 628 F2d at 1091 (8th Cir.1980). Descriptive" marks "merely describe a function, use, characteri...
trademarkoppositionprocess.com
Steps in a Trademark Opposition (before the USPTO)
http://trademarkoppositionprocess.com/trademarkoppositionsteps.html
Search Not Just Patents. Not Just Patents LLC. Minneapolis, MN 55418. We (Often) Represent the Underdog. Steps in a Trademark Opposition (before the USPTO). Filing For An Extension of Time To Oppose A Trademark Application. Stipulations and Discovery Conference. Searching for Trademarks That Have Been Published for Opposition. What is the Process to Oppose a Trademark Application? For an opposition and grounds. How does a Trademark Opposition Begin? The Answer and any affirmative defenses. The Notice of ...
trademarkregisterfaq.com
Trademark Electronic Search System (TESS)
http://trademarkregisterfaq.com/index.html
Trademark Electronic Search System (TESS). Where can I search for registered and pending USPTO trademarks? At TESS: Trademark Electronic Search System. Http:/ tess2.uspto.gov/). TESS is for searching all pending and registered USPTO Trademarks and viewing Trademark images. See Published for Opposition search instructions. For specific search instructions on how to use TESS for searching for marks that have been published for opposition. What is in TESS? See Can I Use An Abandoned Mark? No, not necessaril...
stepstoatrademark.net
Geographically Descriptive Marks
http://stepstoatrademark.net/geographicallydescriptive.html
Geographically Descriptive Trademarks: Geographic terms are tricky to register but can link your product or services to a successful trait of your region. It may be a good time to call us for help! Of a geographic term and a distinctive term may be able to register on the Principal Register if the geographic term can be disclaimed. And the remaining part of the composite term is distinctive. 406 F2d 1392 (C.C.P.A., 1969). The term `ANGLO' (meaning British) has a geographically descrip...Style shirts that...