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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...

merely-descriptive.com

Geographic Trademarks Are Problematic

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Examples of Weak Marks-. Geographic terms are Problematic. Geographic terms: As a general rule, trademarks involving a geographical term are "weak" and are entitled to a narrow scope of trademark protection but may have a high marketing value! 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' ...206 USPQ 956 (TTA...

merelydescriptive.com

Merely Descriptive Issues

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Should You File Your Own Application,. Answer Your Own Refusal, or Defend Your Own Trademark Opposition? Time attorney. All trademark information Trademark Applications (applications, drawing, specimen), Office Actions, Responses to Office Actions (ROA), assignments, petitions, etc submitted to the USPTO is public information readily available to the public including any of your investors or future potential investors. Overcoming A Substantive Refusal. If an applicant is not represented by an attorney it...

petitiontocancel.com

Affirmative Defenses

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Affirmative Defenses Bar The Claim. An affirmative defense assumes the allegations in the complaint to be true but, nevertheless, constitutes a defense to the allegations in the complaint. An affirmative defense does not negate the elements of the cause of action; it is an explanation that bars the claim. Gwin v. Curry. What is Not An Affirmative Defense? Failure to state a claim upon which relief can be granted is not an affirmative defense. Lack of standing is not an affirmative defense. Party registra...

petitiontocancel.com

Counterclaims-TBMP 311

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What Does a Counterclaim Do To The Schedule of an Opposition or Cancellation? TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE. TBMP 313 .01 In General. 37 CFR 2.106(b)(2). Ii) An attack on the validity of a registration pleaded by an opposer will not be heard unless a counterclaim or separate petition is filed to seek the cancellation of such registration. 37 CFR 2.114(b)(2). Iv) The times for pleading, discovery, testimony, briefs, or oral argument will be reset or extended when necessary, upon mot...

merelydescriptive.com

Comparison of Principal Register with Supplemental Register

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FEDERAL TRADEMARK REGISTRATION ON THE PRINCIPAL REGISTER CAN BOOST YOUR RIGHTS. The list below compares the Trademark Principal Register, Supplemental Register and Common Law Rights. Principal Registration of a trademark gives the most rights because it takes the basics of trademark rights from common law and boosts it by adding features. (All the YES rows are the extra features.) Supplemental Registration is valuable as well, with a few less rights. Benefits of USPTO Trademark Registration. See Why Shou...

merely-descriptive.com

Oppositions Based On Merely Descriptive Marks

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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

Notice of Cancellation and Notice of Trial Dates from USPTO

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Petition to Cancel or Opposition? Discovery Conference TBMP 411. Suggested Format for Petition to Cancel. Notice of Cancellation and Notice of Trial Dates from USPTO. Not Just Patents LLC. PO Box 18716, Minneapolis, MN 55418. Search Not Just Patents. Securing the Right IP. 7590 or email WP@NJP.legal. For Responses to Office Actions; File or Defend an Opposition or Cancellation; Trademark Searches and Applications; Send or Respond to Cease and Desist Letters. Steps to a Patent. How to Patent An Invention.

noticeofopposition.com

Suggested Format for Petition to Cancel

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SUGGESTED FORMAT FOR PETITION TO CANCEL. Found at http:/ www.uspto.gov/web/forms/newform.pdf. IN THE UNITED STATES PATENT AND TRADEMARK OFFICE. BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD. In the matter of trademark registration No. State petitioner's name, address, and entity information as follows:. Name of individual as petitioner, and business trade name, if any;. OR (Name of partnership as petitioner; Names of partners;. Business address of partnership). Business address of corporation). Business ad...

merelydescriptivetrademark.com

Acquired Distinctiveness

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FREE ‘ADVICE’ From the Supreme Court on Acquired Distinctiveness. As cited in footnote 13 from PARK’N FLY, INC. v. DOLLAR PARK AND FLY, INC. 469 US. 189 (1985). ACQUIRED DISTINCTIVENESS (UNDER SECTION 2(F). If a trademark is merely descriptive but the applicant has used the mark for a long time (generally more than 5 years) and believes that their use of the mark has given the mark distinctiveness, the applicant may apply to the USPTO Principal Register under Section 2(f) of 15 U.S.C. 1052. 3) applicant’...