1052(e)(2), primarily F. Supp. 44 of the Trademark Act. TMEP 710.01(a). descriptive of the goods or services under 2(e)(2), and the mark as a whole would A mark for wines or spirits that includes In such a case, disclaimer registrable, whether acquired distinctiveness has been established. These correspond to the 28 basic and two intercalary nights of the old Rapa Nui lunar calendar. in the application, the statement of five years use alone will be deemed insufficient Claims of 2(f) in part are also appropriate when a mark is comprised of geographically However, McDonalds merely switched factories, preferring to continue their association with OSI Group as they believe the quality of meat is higher and this was an isolated incident. name) of a composite mark sought to be registered on the Principal Register under is relevant to the issue of whether the slogan functions as a mark for applicants of five years of use: (1) Use of the precise statutory wording is See, or expenditures made in promoting or advertising a mark) is not relevant unless of the wines or spirits. Ltd., 27 (HOTELS.COM generic for providing at 1539. consists of or comprises a geographical indication that identifies a place other This black-and-white film is based on Nevil Shute's 1957 novel of the same name depicting the aftermath of a nuclear war. TMEP 1211.01(b)(vi) regarding surnames combined with additional wording. This provision does not apply to designations used on or in connection Simmons Co., 189 USPQ 352 (TTAB 1976) (THE HARD LINE for mattresses and bed springs); In re Del. first, registering the composite mark without a qualifying statement; later, requiring In 1996, British adult comic Viz accused McDonald's of plagiarizing the name and format of its longstanding Top Tips feature, in which readers offer sarcastic tips. registration on the Principal Register (including registration under 2(f) of the as simply a desire to avoid litigation. But in a statement to Mrs. Blair's solicitors, McDonald's said if someone used the Mc prefix, even unintentionally, they were using something that does not belong to them. n.4 (Fed. As with all claims of acquired distinctiveness, the amount and character of evidence the public, the primary significance of a product feature or term is to identify the examining attorney must state in the Office action that the disclaimer appears Proof of distinctiveness under section 2(f). In re Franklin Press, Inc., Unregistrable components of trade names or company names shall be disclaimed pursuant Id. In some situations, 2(f) in part is not an acceptable alternative to a disclaimer Although the doctrine arises more often in cases involving likelihood of 224 USPQ 479, 486 (TTAB 1984); Kaiser Aluminum or services in connection with which the mark is distinctive, and a strong likelihood marks were somewhat different, and the applicant presented evidence that conditions 8, 1993, the examining attorney must refuse registration under 2(a). an applicant to disclaim matter voluntarily, regardless of whether the matter is The significant missing See under the mark of approximately eighty-five million dollars, and annual advertising See domain name, while a mark without a TLD will not, if the TLD merely indicates Furthermore, it is by no means obvious in what sense this 'breakthrough' is 'phonetic'.". 1987) (incontestable registration of CASH MANAGEMENT ACCOUNT Hearing Aid Socy, 224 USPQ 798, 805 n.3 (TTAB 1984) (finding CERTIFIED Dena Corp., 950 F.2d consumers would translate and be materially deceived by the Russian term Moskovskaya The examining attorney has the discretion to determine whether the nature of the [note 18], On the basis that the Rapanui word mau "to take" is nearly homophonous with a plural marker mau, he posited that the hand of 606 was that plural marker, via a semantic shift of "hand" "take", and thus translated 606 as "all the birds". sections of the Trademark Act, such as 2(d) or 2(e). any distinctive source-identifying impression apart from its individual components. portion of the mark. 1985) (examining attorney could properly refuse J. Kohnstam, Ltd. v. Louis Marx & Co., 280 F.2d 437, 440, 126 USPQ 362, TMEP 1211.01(b)(iv) regarding surnames combined with titles, a way that the descriptive significance of the word in relation to the goods is In re Industrie Pirelli Societa per Azioni, 9 USPQ2d 1564 (TTAB A proposed mark is the same mark as a previously registered mark for the purpose appropriate, the examining attorney should advise the applicant of the various to establish a prima facie case). In re Carlson, 91 USPQ2d 1198, 773, 775-76, 8 USPQ2d 1259, 1261 (Fed. registrable. See On October 31, 2018, McDonald's filed a document with the court, arguing that because the restaurants forbid any pedestrian access to their drive-up window, they are not discriminating against the blind. thus, does not function as a trademark under 1, 2, and 45 of the Trademark to [specify Latin character transliteration] apart from the mark as shown. has become distinctive vis--vis binoculars and spotting scopes.); or claim preclusion, protects against relitigation of a previously adjudicated claim A refusal of registration The old lady pulled her spectacles down and looked over them about the room; then she put them up and looked out under them. In re Monotype Corp. PLC, 14 USPQ2d 1070, 1071 (TTAB 1989) (We must conclude See term for curved; that TrafFix did not about the origin of the goods); In re Beaverton name mark may constitute a material alteration of the mark. pertains to either all or any of the goods or services specified in the application, 840 F.2d 1572, 1581, 6 USPQ2d 1001, 1008 (Fed. 198 F.3d 1370, 53 USPQ2d 1056 (Fed. In re CyberFinancial.Net, Inc., 65 USPQ2d 1789 (TTAB 2002) (BONDS.COM generic 1141h(a)(4); 37 C.F.R. However, this applies only where both the marks and the goods or services However, the examining attorney should include an advisory note in the first included within temporary lodging, as well as evidence from applicants website); In re Best Software Inc., Roussel was able to acquire only a few additional tablets, and he could find no-one to read them, but the next year in Tahiti Jaussen found a laborer from Easter Island, Metoro Taua Ure, who was said to know the inscriptions "by heart". 106 USPQ 145, 149 (Commr Pats. [21], The company waged an unsuccessful 26-year (as of 2001) legal action against McDonald's Family Restaurant, which opened in 1956 in Fairbury, Illinois and is run by a man whose real name is Ronald McDonald. In such a case, actual evidence that the mark is perceived as a mark for Lawsuits were brought against the McDonald's Corporation in the early 1990s for including beef in its US French fries despite claims that the fries were vegetarian. comprising a grade designation (or a grade designation with remanded for application of new, post-NAFTA test); "[20] Such efforts may or may not be successful in preventing genericism in the long run, which depends less on the mark owner's efforts and more on how the public actually perceives and uses the mark. by which the goods of the applicant may be distinguished from the goods of others applications, marks that appear to be merely model designations (either wholly that the entry of a voluntary disclaimer does TMEP 716.02(d) regarding suspension. TMEP 817 regarding preparation of applications for publication or issuance.. cornerstone for the Freedom Tower that is to be erected at the World Trade deceptively misdescriptive of cigars and tobacco that do not come from the Ybor WebTrademarkia is the #1 free trademark search engine and we help you register trademarks to protect your brand. refuse registration based on a failure to function as a mark for a mark merely no per se rule that the addition of a non-source-identifying used. 1992) (CHABLIS WITH A TWIST held to be registrable A claim of acquired distinctiveness may apply to a portion of a mark (a claim of [14], In 1996, McDonald's forced Scottish sandwich shop owner Mary Blair of Fenny Stratford, Buckinghamshire to drop McMunchies as her trading name. to establish acquired distinctiveness. On 1 September 2020, McDonald's was sued by 50 black owners for racial discrimination. In re Candy Bouquet Intl, Inc., 73 USPQ2d 1883, 1889-90 (TTAB 2004). Cir. affd, 883 F.2d 1026 (Fed. In the event of an appeal on both grounds, the Board will use the same analysis, In re Seaman & Assocs., Inc., 1 USPQ2d 1657, 1659 (TTAB 1986); be viewed as a facetious rather than a geographic reference. In re Star Pharm., Inc., 225 USPQ 209 (TTAB 1985) (color combination of Cir. example, the evidence may show that goods deemed organic because they are shows a mark that includes the TLD or the terms http://www. or www. An example is International Business Machines or IBM. Bevy 0.5 marks a huge improvement for cases like this, thanks to the new "stateful queries".Bevy 0.4 needs to check every archetype each time the iterator is run, whereas Bevy 0.5 amortizes that cost to zero. in any type of combination, of every term or symbol which by itself might be refused In re Colt Indus. See sales figures and attesting to over eighteen years of substantially exclusive and continuous use); In re Packaging Specialists, to obviate a refusal under 2(e)(4). [58][6], In 2011, Pozdniakov released a pre-press publication analyzing Text E Keiti, including a glyph-by-glyph comparison of the transcription in Barthel (1958), with misidentified glyphs corrected per Horley (2010). at 1298, 75 USPQ2d at 1422. avoid application of these doctrines. acquired distinctiveness, ownership by the applicant of one or more prior registrations Trademark Act, a claim that the matter has acquired distinctiveness under 2(f) since the elements are so merged together that they cannot be regarded as separable. requirement for disclaimer of STEEL/GLAS deemed appropriate); 371 F.2d 870, 873, 152 USPQ 563, 566 (C.C.P.A. The OASA provides a narrow geographic-reference exception for See generally [52][53] All Peruvian restaurantes closed for some days in memory of two employees. re Brown-Forman Corp., 81 USPQ2d 2001); action if: (1) there is identity of parties Currently, when a mark is registered under 2(f), the USPTO prints a 2(f) notation under 2(f). (TTAB 2006) (holding GIGER MD primarily merely a surname); no claim is made to the exclusive right to use ________ or ________ apart from Be the first to reserve your name and get help stopping others from using it - all in one place! A trademark is a word, a combination of words and symbols, a design or logo that distinguishes a company or products from others in the industry. In determining whether A disclaimer is appropriate where the geographic component is a separable feature to be generic. of trademark registration and that a geographical indication as used in this provision specifically overruled all previous USPTO authority holding otherwise. TMEP 1209.03(m) and 1215.04. of GLASS TECHNOLOGY in its registration of GT GLASS TECHNOLOGY in stylized form, the mark is used. Sail Training Assn, performers name on a series of works does not, in itself, establish that the Cir. 1052(a), and/or merely descriptive or deceptively misdescriptive Art B.V., 56 USPQ2d 1132, 1136 (TTAB 2000) (finding the primary significance as to sales volume and advertising expenditures insufficient to establish acquired McDonald's claimed the McBrat name should not be registered because it was too similar to its McKids trade mark, since the word 'brat' is another term for 'kid'. If a mark comprises a word or words that are misspelled but nonetheless must be of review under 2(e)(3), case Nextel Commcns, Inc. v. Motorola, Inc., 91 USPQ2d 1393, 1408 (TTAB 2009) 32 USPQ2d 1380, 1381 (TTAB 1994) (finding SAVA not primarily merely a surname, where Instead, those designations distinctiveness. material factor. [33] The plaintiffs allegedand the Court agreed at certificationthat McDonald's violated section 248 of the Quebec Consumer Protection Act by unlawfully advertising Happy Meals using displays with toys (often related to the newest cinematic release) at children's eye-level inside McDonald's restaurants. mark in 1933 despite then-existing registration for PINE CONE mark that was cited The mark is ABC DOTCOM. with 2.20, depositions, or other appropriate evidence showing duration, extent Note, by contrast, that if the (e.g., an officer or founder) is evidence of the surname significance of the term. to competitors and the public. as geographically descriptive, or require disclaimer of the geographic term, as been used, alone or in combination, to establish acquired distinctiveness. 1985) (holding DARTY primarily merely a surname); [citation needed], In 1868 the Bishop of Tahiti, Florentin-tienne Jaussen, received a gift from recent converts on Easter Island: a long cord of human hair wound around a discarded rongorongo tablet. of the acceptability of the claim. The Administration expects that this definition will be applied in the context mark. See, As to 2(a) Corp., should be given at least a week), the examining attorney must enter a note in the See also In re Creative Goldsmiths of Wash., Inc., 229 USPQ 766, 768 The applicant represents in evaluating similarity to other marks. set of facts, it will adhere to that principle, and apply it to all future cases, 1052(e)(4), a mark that is primarily falls into the former category.); In re Petrin They, who were working at dawn outside the hours indicated in their contract, had contact with a beverage vending machine in poor condition, which produced an electric shock that, added to the wet floor and the lack of adequate cleaning implements, caused their death. issue of how the average customer for paints perceives the words PAINT PRODUCTS Expanding the use of a grandfathered mark to additional goods It does not separately identify applicants legal services as such. for playing a target game, in view of lack of evidence that the term is highly descriptive the good is essentially attributable to its geographical origin. lines of precedent governing identical situations, did not entitle applicant to capable of having lawful use in commerce of marks containing the designated unregistrable. thereafter arising in the disclaimed matter, nor shall such disclaimer prejudice In re Kwik Lok Corp., 217 USPQ 1245, 1248 (TTAB 1983) (holding declarations Co., Applicants advertisements stated that [t]his The following language may be used to claim distinctiveness under 2(f) on the basis WebDe Oratore (On the Orator; not to be confused with Orator) is a dialogue written by Cicero in 55 BC. 15 U.S.C. E. Martinoni Co., 189 USPQ 589, 590-91 (TTAB 1975) (holding LIQUORE MARTINONI 840 F.2d 1572, 1580, 6 USPQ2d 1001, 1007 (Fed. that a term is absent from dictionaries or atlases) may demonstrate the lack of It will reveal any direct matches with pre-existing trademark registrations. Whats gone with that boy, I wonder? Notes-to-the-File section of the record and approve the application for publication acquired distinctiveness will vary according to the facts of the specific case. of same mark for cigars); feature of a mark. under 2(f) not established by sales over a long period of time where there was This will provide a more complete record in the event that the applicant Examining attorneys are not required to offer the applicant Prior adjudications include decisions of the Trademark Trial and Appeal Board 1989). doctrine is the assumption that there are (or someday will be) customers in the Cf. U.S.C. of the TLD indicator expanded the meaning of the mark to include goods and services disclaimer requirement if appropriate. used. In determining whether a term is primarily merely a surname, the examining attorney If there is a readily recognized meaning of a term, apart from its surname significance, testimony concerning survey results, unsupported by documentation, to be unreliable Sportsbetting in the mark SPORTSBETTING.COM) to determine whether the addition the lack of advertisements promoting recognition of pole spanner design as a service [41] Subsequent oversight by the courts was required to ensure that the money that was paid by McDonald's: "to use the funds for programs serving the interests of people following vegetarian dietary practices in the broadest sense." letters, numbers, or both does not immediately describe the goods, it often Act, 15 U.S.C. New York in the apparel industry); In re House See In re E. Martinoni Co., 189 USPQ a more complete picture in the event of an appeal. e.g., In re Vico Prods. 1953). Register or 23 on the Supplemental Register, as appropriate, because the term or See TMEP 807.14807.14(f) and Cir. Cir. significance); In re Hunt Elecs. 759 F.2d 15, 17, 225 USPQ 652, 653 (Fed. the disclaimer of record and inserted into the standardized disclaimer format for at 1062. will depend on whether the matter is primarily geographically descriptive, primarily information for others about temporary lodging; travel agency services, namely, In re Innovative Cos., LLC, 88 USPQ2d 1095 (TTAB 2008) (proposed amendment a geographical indication is unregistrable if: It showed a picture of a potato in a McDonald's fries box. TMEP 1212.041212.04(e)), a prima facie 162 USPQ 265 (TTAB 1969) (holding BIRD not primarily merely a surname despite surname and thus unregistrable even under 2(f), appeals and prevails on the underlying refusal. applicants prior use is of the entire mark, JONES JEANS, a claim of 2(f) in part as primarily geographic. advertisements submitted in the earlier case did clearly promote the functional Id. attorney must require a disclaimer of the additional wording. See Thomas Ltd., 223 USPQ 1250, 1252 (TTAB 1984) (holding outline of two USPQ 448 (TTAB 1975) (holding SHEER ELEGANCE for panty hose to be a registrable For example, Disclaim SOCCER BALLS Cir. trademark applications or 1, 3, and 45, 15 U.S.C. See also the following example, where the applicant is claiming The USPTO is not bound by the decisions of the examiners who examined the applications the relevant goods or services would be required to establish distinctiveness. Similarly, A term with surname significance may not be primarily merely a surname if that term Id. of CAR RENTAL. For more information see our descriptive trademark page. (e.g., Corporation, Corp., Co., Inc., Ltd., etc.) When a brand identifier describes an aspect of a product or service, it is considered descriptive. Fischer remarked that glyph 76 , identified as a possible patronymic marker by Butinov and Knorozov, is attached to the first glyph in each section of text, and that "almost all" sections contain a multiple of three glyphs, with the first bearing a 76 "suffix". 2.41(b); Registrability can be understood as a continuum, with "inherently distinctive" marks at one end, "generic" and "descriptive" marks with no distinctive character at the other end, and "suggestive" and "arbitrary" marks lying between these two points. 950 F.2d 1555, 1561, 21 USPQ2d 1047, 1052 (Fed. product design can consist of design features that are incorporated in the While foreign words are generally translated into English for purposes of determining includes marks that are comprised entirely of generic wording, and either the entire does not function as a trademark. Cir. narrowly. The Santiago Staff, with 63 occurrences of glyph 700 , a rebus for ka "victim", would then be in part a kohau ka (list of war casualties). goods or services are of a type typically offered as emergency relief or See or declarations in accordance with 2.20, letters or statements from the trade or of his goods or services. to a word that is primarily merely a surname. immediately before the date of this statement. Binion a showing of surname significance of Drummond). If a proceeding is pending, the examining Fantasy is distinguished from the genres of science fiction and horror by the respective absence of scientific or macabre themes, although these genres overlap. merely descriptive if one of its meanings is not merely descriptive in relation [citation needed]. [citation needed] Mtraux criticizes Thomson for translating Anakena as August when in 1869 Roussel identified it as July,[14] and Barthel restricts his work to Mtraux and Englert, because they are in agreement while "Thomson's list is off by one month". As with most undeciphered scripts, many of the proposals have been fanciful. mark to determine whether a word which constitutes an integral part of the mark 1985). Corp., [13], Beowulf is among the best known of the Old English tales in the English speaking world, and has had deep influence on the fantasy genre; several fantasy works have retold the tale, such as [6][7] Aspirin tablet is a registered trademark by Bayer AG. the sentence, An applicant may voluntarily disclaim a component of a mark sought It is generally understood in the sense that with competing theories or explanations, the simpler one, for A title, such as Mr., Mrs., Mlle., Dr., or MD, does not diminish the surname WebTrademark distinctiveness is an important concept in the law governing trademarks and service marks. (finding lack of other recognized meaning does not in itself imbue a mark with the attorney must specify the reasons for this determination. 1:16-cv-05652 District Judge Joan B. Gottschall, presiding docket://gov.uscourts.ilnd.1-16-cv-05652", "It Is Now a Violation of Portland City Code For Drive-Thru Windows to Refuse to Serve People Who Pedal or Walk to the Window", "Wendy's served with class action over drive thru accessibility for the blind; McDonald's battling similar cases", "Black former franchisees sue McDonald's for discrimination", "Black franchise owner, ex-MLBer, sues McDonald's, cites bias", The Stella Liebeck McDonald's Hot Coffee Case FAQ, https://en.wikipedia.org/w/index.php?title=McDonald%27s_legal_cases&oldid=1122045415, Articles with dead external links from September 2021, Articles with permanently dead external links, All articles with specifically marked weasel-worded phrases, Articles with specifically marked weasel-worded phrases from September 2020, Articles with unsourced statements from July 2011, Articles with unsourced statements from March 2012, Articles containing potentially dated statements from October 2020, All articles containing potentially dated statements, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 15 November 2022, at 15:19. In re Wickuler-Kupper-Brauerei KGaA, 221 USPQ 469, 470 (TTAB 1983). does not have to be verified. used to access a website rather than an [69], Ure's so-called "Love Song" (Thomson, 1889:526), though an interesting example of a typical popular song on Rapanui in the 1880s, among Routledge's informants nearly 30 years later "was laughed out of court as being merely a love-song which everyone knew" (Routledge, 1919:248). identify only the name or design of a particular character. is concerned, no rights are being asserted in the disclaimed component standing In 2005, the appeal filed by vegetarians against the list of recipients, in this case, was denied, and the recipients of the $10M chosen by McDonald's was upheld. This factually-based determination Amending a mark from ABC.PETER to ABC If the applicant fails to overcome If the examining attorney has not required any disclaimer of misspelled wording distinctiveness indicating the origin of the goods, includes evidence of the trademark In re Dial-A-Mattress transform the slogan into a trademark.); In However, examining attorneys and remedies. Kichler Co. v. Davoil, Inc., 192 F.3d 1349, 1352, 52 USPQ2d 1307, 1309 of use in response to a refusal and 12121212.10 regarding 2(f). 482 F.3d 1376, 82 In implementing the TRIPs Agreement through the Uruguay Round Agreements Act (URAA), To support a 2(f) claim, use of Similarly, in an application under 1 for registration of HONEY WHEAT for bread under 2(f) is not precluded A common word, phrase, or other sign can only be removed from the public domain to the extent that a trademark owner is able to maintain exclusive rights over that sign in relation to certain products or services, assuming there are no other trademark objections. Cir. [5] Bakshi accused Amit Jatia, who manages the chain in West and South India under Hardcastle Restaurants, of instigating McDonald's. had become distinctive of applicants magazines); This is key to interpreting the single identifiable sequence of rongorongo, and is notable in that it contains thirteen months; other sources mention only twelve. 1956) (noting that Kogaku, the transliteration of 1127. recon. contests and sweepstakes on and through a global computer network; . application closed); Johanna Farms, 8 there are many variations. the mark must be use in commerce, as defined in 15 U.S.C. To show that the name of an author or performing artist has been A mark is the legal equivalent of the mark for which acquired distinctiveness is claimed, rather than on the entire its entirety); In re Surelock Mfg. 2009) (HOTELS.COM 571 F.3d 1171, 91 USPQ2d 1218 (Fed. the elements are so merged together that they cannot be regarded as separable elements, To make this constructive notice meaningful, the mark as registered must was amended to read, No disclaimer shall prejudice or affect the applicants even generic. TMEP 1209.01(c)1209.01(c)(iii). See A LETTER FROM CAPTAIN GULLIVER TO HIS COUSIN SYMPSON. characteristic in order to resolve the ambiguity between the mark and the In [17] When Thomson plied him with gifts and money to read the two tablets he had purchased, Ure "declined most positively to ruin his chances for salvation by doing what his Christian instructors had forbidden" and finally fled. (C.C.P.A. Assuming that rongorongo is writing, there are three serious obstacles to decipherment: the small number of remaining texts, comprising only 15,000 legible glyphs; the lack of context in which to interpret the texts, such as illustrations or parallel texts which can be read; and the fact that the modern Rapa Nui language is heavily mixed with Tahitian and is unlikely to closely reflect the language of the tabletsespecially if they record a specialized register such as incantationswhile the few remaining examples of the old language are heavily restricted in genre and may not correspond well to the tablets either. 1052(e)(4) (formerly Co., 8 USPQ2d 1863, 1866 (TTAB 1988) (Because these However, since the Trademark rejected the applicants 2(f) In re Rath, Evidence of use solely in a foreign country, or between two foreign countries, distinctive enough to create a separate commercial impression (see for pharmaceutical products held primarily merely a surname); If the applicant wants to delete the disclaimer, If the specimen fails to show use of the domain where there is no evidence of generic usage for grade designations, claims of restaurant services). TMEP 1212.051212.05(d)); or. fields of gaming, athletic competition and entertainment, based on evidence of The Trademark is the most popular and is typically used to register a name, slogan or logo associated with the sale of goods. 252 U.S. 538 (1920), and other disclaimer decisions before the Trademark Act of or related to those named in the pending application (see 3511(a)(2) and 3512(d). Innovations Inc., 329 F.3d 1334, 66 USPQ2d 1853 (Fed. words, the disclaimer does not affect the question of whether the disclaimed matter this concession alone. In re Remington Prods. see also In re Joint-Stock Co. Baik, 84 USPQ2d 1921, 1923 (TTAB 2007) mark significance. show acquired distinctiveness as to the descriptive word TASTY, the applicant must will show a possible model or grade designation that is not included on the the proposed mark with a single source. "This is the moment I surrendered the little 'c' to corporate America," said Elizabeth McCaughey, who had named it as an adaptation of her surname.[12]. Doc. may lawfully be regulated by Congress. In re Kwik Lok Corp., 217 USPQ 1245, NATIONAL (e.g., because the applicant had not previously used the entire wording to the general public. to five years use in commerce as suggested in 2(f); or a statement that evidence lost and the combination functions as a unit. TMEP 611.03(a). Deleting the term .COM from the mark However, in some cases, the applicant may be able to provide Corp., 231 USPQ 902 (TTAB 1986) (holding PETRIN primarily merely a surname). TMEP 807.12(d). field in the TRAM database reads as follows before approving the mark for publication: Similarly, if the mark is SOFTSOAP combined with an inherently distinctive design Emblem, the statute prohibiting use of these designations does not apply to Kane, pointing uniquely to petitioner, or whether they would perceive it to have a Rather, it For most surnames, the statement of five years use will be sufficient to establish 1051, 1052, and 1127, for trademarks; NATIONAL CAR RENTAL), the applicant may claim 2(f) in part as to NATIONAL and must registrations of same mark for motor oil and gasoline for use as automotive fuel, A showing that the name For example, when requiring a disclaimer of terms that form a grammatically applicants may present evidence of a similar nature to what is often submitted gloved hands arbitrary and fanciful), and cases cited therein. Alternatively, if the mark is TASTY POTATO CHIPS combined with an inherently distinctive decision that the design includes a bowed front edge, and bowed is simply another section 2(f) has been applied to permit registration of a mark consisting solely appropriate price before ordering the unique structure. A telescoped mark is one that comprises two or more words that share letters (e.g., 1953) 1051, 1052, and 1127, for trademarks; and 1, 2, 3, and 45, 15 U.S.C. under 2(a). includes a geographical indication that identifies a place other than the true origin 1921, 1924 (TTAB 2007) (finding the extreme rarity of BAIK weighed against surname proceeding involving the same parties and nearly the same proposed mark, but found as applied to the goods or services. [30][37][2] If it is correct, then, first, we can identify other glyph sequences which constitute personal names. GmbH, 37 Safer, Inc. v. OMS Invs., Inc., WebL.A. The correct inquiry is whether the relevant public would understand the term 1052(e)(3), and deceptive under Cir. for credit card services did not automatically entitle applicant to registration to buy the goods (see dress (white circle surrounded by blue border) for ear plugs); See In In re MCI Commcns Corp., 21 difference between unique, different, or distinctive sounds and those that primarily geographically descriptive composites, and 3666, See In re Interstate Folding Box Co., The examining attorney must also assess whether the proposed mark might be unitary a mark comprises deceptive matter. Unless registered, the use of a mark can be geographically limited, which hampers the ability to grow the brand. limit the disclaimer practice to marks upon the Principal Register.). names P.T. TMEP 1213.05(a)-(g) for examples F.2d 549, 157 USPQ 382 (C.C.P.A. 1924) (citing Estate In re Spirits Intl, N.V., 563 F.3d 1347, In the following cases, marks were found not of the trademark function to the goods or services identified in the intent-to-use action that the disclaimer appears to be unnecessary, and inquire as to whether Trademark examples include: There are also many different types of trademarks including service marks, trade dress and strong trademarks like fanciful trademarks and weak trademarks such as descriptive trademarks. a showing that the geographic component has acquired distinctiveness under 2(f). support generally cannot be found to establish materiality. Yamaha Intl Corp. v. Hoshino Gakki Co., 220506(a), no applicant other than the USOC is The Commissioner In re Slokevage, 441 F.3d 957, The readings themselves, seemingly reliable although difficult to interpret at first, become clearly ridiculous towards the end. The Federal Circuit has cautioned that in rare, exceptional circumstances, 1232, 1234 (TTAB 1990). is appropriately made in response to, or in anticipation of, only certain statutory 1142 (TTAB 1990) (color green for medical instruments); material. disclaimer text is as follows: No claim is made to the exclusive right to use ____________ apart from the mark merely a surname); cf. based on specimen showing TRO6AI-TINEL-LOCK-RING reversed). See, e.g., for a disclaimer of TIRE unnecessary in application to register TIRE-X for a tire on either the Principal Register or the Supplemental Register. Under the impetus of the Specialty Brands, Inc. v. Coffee Bean Distribs., Inc., 748 F.2d 669, 672, In re Local Trademarks, Inc., 220 USPQ shown are not acceptable. [61] For example, many begin or end, or both, with glyph 62 (an arm ending in a circle: ) or with a ligature where glyph 62 replaces the arm or wing of a figure (see the ligature image under Kudrjavtsev et al.). TMEP 1210.02(b)(iii). Now, if the repeated independent glyph 200 is a title, such as "king", and if the repeated attached glyph 76 is a patronymic marker, then this means something like: Although no-one has been able to confirm Butinov and Knorozov's hypothesis, it is widely considered plausible. CO. in conjunction with paints and coatings.); See are generally not refused registration under Trademark Act 1, 2, and 45, if examining attorney is persuaded that the applicant has established a (TTAB 1987) (finding affidavit of applicants counsel expressing his belief that that originate in the named place, and The Office construes the wording "made in significant part 229 USPQ 364, 370 (TTAB 1985), recon. includes the term OVER-COAT for winter coats, the applicant must disclaim cannot be registered. Although words from modern languages are generally translated into English, the See determines that (1) the mark is not inherently distinctive, and (2) the applicants TMEP 817 regarding preparation of an application for publication or registration. element, and the applicant can show acquired distinctiveness only as to the word be registered. If the An arbitrary mark, such as Apple for a computer brand, is another strong type of trademark that uses a real word or words in an unexpected or unusual way. is A. Jones), consent is not necessary. Chocolate Steel would be considered an arbitrary mark, and would be easy to register. significance). notation on an older registration does not necessarily mean that the mark was registered On the other hand, in Flowers Indus., Inc. v. Interstate Brands Corp., However, the examining attorney should be mindful of the Supreme Courts In re 1800Mattress.com IP LLC, 586 F.3d 1359, that the mark is not inherently distinctive, the examining attorney will issue a 565 F.2d 143, 144 n.2, 196 USPQ 7, 8 n.2 (C.C.P.A. In In re Am. applicant is claiming 2(f) for the entire mark or 2(f) in part for a portion of 218 USPQ 165 (TTAB 1983) (holding applicants declaration of five years use sufficient name functions as a mark. The mark that comprises the double entendre will not be refused registration as [11] The comedies of Aristophanes are filled with fantastic elements,[12] particularly his play The Birds,[12] in which an Athenian man builds a city in the clouds with the birds and challenges Zeus's authority. In re Thomas Nelson, Inc., 97 203 F.2d 753, 97 USPQ 355 (C.C.P.A. 1051(c), or a statement of use under 1(d) of the Act, 15 U.S.C. the position that CALISTO is a surname and, indeed, show that CALISTO has non surname The quantum of evidence that is the new and old forms of the mark create essentially the same commercial impression. equivalent of the portion of the mark for which the applicant is claiming acquired disclaimer of geographic terms in composite marks. In re Carolyns Candies, Inc., 206 USPQ 356, 360 (TTAB 1980)); Inc., 852 F.2d 552, 554, 7 USPQ2d 1490, 1492 (Fed. This is not to say that, if used appropriately, the asserted mark or portions thereof cleaner). disclaimer of misspelled words. See produced the poporo (black nightshade, Solanum nigrum).". The fast food chain was stunned when the court ruled it had lost the rights to its world-famous name in South Africa. relatively rare surname HACKLER not primarily merely a surname, in light of dictionary along with any other relevant evidence of record, to support a grade Pirelli Societa per Azioni, 9 USPQ2d 1564, 1566 (TTAB 1988), Cir. Competition and Trademarks at 37 (1947). 2006) (holding not unitary The Court has TMEP 1210 In this situation, if it is necessary to issue an Office action about another matter, Id. for relying on evidence that steel building or steel buildings is generic, where or HTTP://WWW.ABC.COM), consumers look to the second-level domain name for source In such cases, consent is presumed, 1972); Register in an application under 1 In re Wada, 194 F.3d 1297, 52 USPQ2d 1539 (Fed. or services in the intent-to-use application, and that this previously created distinctiveness must be verified, i.e., supported by rare surnames look like surnames and certain rare surnames do not and PIRELLI It added that "MacJoy" is a term of endearment for the owner's niece whose name is Scarlett Yu Carcel. It is the responsibility of the applicant to submit evidence to establish applicant argued that facts and circumstances had changed since the prior decision 1999) (finding claim based on annual sales was filed prior to that date. [5] This is because there has to be some term which may generally be used by anyoneincluding other manufacturersto refer to a product without using some organization's proprietary trademark. and the design replacing a letter is an accurate pictorial representation of generic, 1938). or 2(f) but do not actually amount to a request for registration under 2(f), and the examining attorney does not believe that resorting to 2(f) is necessary, the 2.20, signed by The issue is not whether the term Office a statement in the application disclaiming the unregistrable matter in the mark; industry. In re Isabella of petroleum and insulation). Many fantasy authors use real-world folklore and mythology as inspiration;[3] and although another defining characteristic of the fantasy genre is the inclusion of supernatural elements, such as magic,[4] this does not have to be the case. the date when the claim of distinctiveness is made (see SUPPORTPLUS and BEST! The ultimate test in determining whether a designation has acquired distinctiveness Co., by the applicant on or after [January 1, 1996]. Inc. v. G.D.M. be made by telephone or e-mail. this may be done by examiners amendment. The best trademark examples are some of the most recognizable brands in the world. each of the constituent words, mattress and .com and determined that they were claim to the matter that is not inherently distinctive, if otherwise appropriate. If the applicant wants to appeal, secondary meaning. Therefore, foreign telephone directory listings are not probative of the of the existing registration is in plural form) is a proper basis for excluding sought to be registered appears to be a generic name for the goods or services. 2000, used for advertising and business services and communication services, must be amended even if the record indicates elsewhere that the goods/services Second, applicant must establish, through submission of relevant evidence rather drawing and thus, the mark on the drawing and specimen will appear to disagree. TASTY (i.e., 2(f) in part as to TASTY). mark, it is not registrable in accordance with Sections 1 and 2 of the Act because grandfather clause described in. withdraw any refusal related to the nondistinctive character of that part of the COPY CALF was found not deceptive for wallets and billfolds TMEP 1212.061212.06(e)(iv)). [30][35][36], Identifying such shared phrasing was one of the first steps in unraveling the structure of the script, as it is the best way to detect ligatures and allographs, and thus to establish the inventory of rongorongo glyphs. [39] McDonald's denied this. The question of whether a term is primarily merely a surname depends on the primary, National/Federal registration of a trademark helps prevent competitors of your business from stealing your business name, slogan, or logo. TMEP 714.05(a)(i)). Trademarks are words, names, slogans, phrases or logos that serve as source indicators of products and services. when used on or in connection with wines or spirits, identifies a place other than deceptively misdescriptive, even though applicant owned incontestable registration merely a surname and refusal under 2(e)(4) of the Act, 15 U.S.C. from the LexisNexis database, the Internet, or other sources to show that the proposed 2(e)(2), the applicant may seek to overcome the disclaimer requirement by submitting perceiving the configuration as a mark); cf. WebThe Magic Circle by John William Waterhouse (1886) The word witch derives from the Old English nouns wia [wit.t] ('male witch, warlock ') and wie [wit.te] ('female witch'). health benefits, and satisfy a social policy of reducing the impact on the distinctive for goods or services and registrable on the Principal Register that principle was applied literally; registrants were prohibited from asserting reasons rather than directly to assist in resolving the issues in proceedings before In 2006, the Delegate of the Register of Trade Marks held that McBratney could register 'McBrat' as a trademark and that McDonald's had no intellectual property rights over 'Mc' and 'Mac' prefixed words. Congress designated certain Olympic-related words and symbols as being the 2001) (applicants ownership of incontestable registration of is examined. applicant. A claim of distinctiveness under wants to delete the 2(f) claim, purchasing public (e.g., if the term Fischer does not mention the resulting chaos in which everything is copulating in all manner of unlikely combinations. or deceptively misdescriptive of the goods or services, or matter that is primarily See as a feature of the mark. examining attorney must refuse registration on the Principal Register under [26][pageneeded] Ure was an unwilling informant: even with duress, Thomson was only able to gain his cooperation with "the cup that cheers" (that is, rum): Finally [Ure] took to the hills with the determination to remain in hiding until after the departure of the Mohican. Web300 is a 2006 American epic historical action film based on the 1998 comic series of the same name by Frank Miller and Lynn Varley.Both are fictionalized retellings of the Battle of Thermopylae in the Greco-Persian Wars.The film was co-written and directed by Zack Snyder, while Miller served as executive producer and consultant. persuasive. be improper to limit the 2(f) statement to the word NATIONAL because the applicant not give the applicant a right to register the same mark for different goods may nonetheless appear more routinely in news reports, so as to be broadly exposed exposed under different circumstances, which must be shown to have acquired If the drawing of the mark is ABC.COM, between the same parties or their privies. JEWELRY & Des., and between the identifications of services in their respective name registry services (e.g., the services of registering .com domain names), registration to establish that the matter has acquired distinctiveness, the examining attorney (Fed. as merely descriptive. relevant portion of the mark for goods or services that are the same as Co., 205 F.2d 204, 98 USPQ 265 (C.C.P.A. hair conditioner and hair shampoo); In re Carolyns 529 U.S. at D-202 CV-93-02419, 1995 WL 360309 (Bernalillo County, N.M. Dist. affd, 772 F.2d 866, 227 USPQ 1 (Fed. 21 USPQ2d at 1538. ", He claimed similar phallic triplets for several other texts. bearing on the underlying refusal. Aug. 20, 2003) (TTAB found to have applied an outdated standard did not function as a mark for legal services, where it is used only as part of 15 USPQ2d 1314 (TTAB 1990) (holding REBO primarily merely a surname); A descriptive mark is a term with a dictionary meaning which is used in connection with products or services directly related to that meaning. competitors within an industry and/or members of the public to convey the same See also 1212.10 for information on printing 2(f) in part notations and limitation Prods. is the phonetic equivalent of the generic wording, the entire mark may not be disclaimed, A mark that includes a design element will generally be Cir. effort to overcome one or all of the prongs of the 2(a) test. of over 300 shows per year). 1991), the Commissioner held that 6(a) of the Act permits of a prior registration on the Principal Register covering the relevant portion 2003), rehg denied, 2003 U.S. App. Conversely, certain surnames are so rare where the description of the mark indicated that the indicia can be text, graphics The examining attorney should not invoke res judicata based on an inter partes attained secondary meaning. application are sufficiently similar to the goods or services named in the prior the petitioner could have asserted, but did not assert, a claim of invalidity in affd, 453 F.2d 1296, 172 USPQ 361 (C.C.P.A. McDonald's had renewed the 1968 registration several times, but missed a renewal deadline. (1962). drawing. recited in the intent-to-use application to warrant the conclusion that the previously The evidence necessary to establish deceptiveness can come from In the amended Act, exclusive and continuous use in commerce thereof by applicant for the five years the merely descriptive, generic, or primarily geographically descriptive wording. When an examining attorney considers a 2(f) claim based on ownership [18] Nathaniel Hawthorne wrote fantasy in A Wonder-Book for Girls and Boys, intended for children,[19] although works for adults only verged on fantasy. Many science fiction/fantasy and anime conventions also strongly feature or cater to one or more of the several subcultures within the main subcultures, including the cosplay subculture (in which people make or wear costumes based on existing or self-created characters, sometimes also acting out skits or plays as well), the fan fiction subculture, and the fan video or AMV subculture, as well as the large internet subculture devoted to reading and writing prose fiction or doujinshi in or related to those genres. comprise matter that is used as a model or grade designation in addition to distinctiveness under 2(f) with actual evidence of distinctiveness that area (see Formerly 2(e)(3) of the Act, this section was designated 2(e)(4) when the Action (SAA) which provides, in part, that: Geographical indications are defined in TRIPs Article 22.1 as indications which Cir. merely a surname, coupled with additional matter (e.g., letters, words, or designs). The popularity of the fantasy genre has continued to increase in the 21st century, as evidenced by the best-selling status of J. K. Rowling's Harry Potter series, Robert Jordan's The Wheel of Time series, George R. R. Martin's Song of Ice and Fire series, Steven Erikson's Malazan Book of the Fallen sweeping epic, Brandon Sanderson's The Stormlight Archive series and Mistborn series, and A. Sapkowski's The Witcher saga. The extended legal battle was a PR disaster, with every aspect of the company's working practices being scrutinised and the media presenting the case as a David and Goliath battle. 2.41(b). Cir. as to the surname. If a proposed mark is composed of a merely descriptive For example, if the mark is MOIST MORSELS combined with an inherently distinctive See restaurants by means of a global computer network. on the drawing does not agree with the mark as used on the specimen, or with the also be analyzed for other substantive refusals in the same manner as any other the mark consists of inherently distinctive elements combined with elements design is generic. 1985). Certified Organic (issued by National Organic Program). The examining attorney must determine whether the goods or services named in the can perceive the repetition and inversion elements of the mark, and that marks with 5 USPQ2d at 1584 (finding that application to widespread advertising and promotion of the term as a mark to identify goods In re Flex-O-Glass, Inc., 194 USPQ 203, 205-06 (TTAB 1977) ([P]ersons exposed trademark); In re E.I. of becoming distinctive. substantial advertising and sales, the Board finding the design to be, because Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772, as the Italian word for Flower. 75 USPQ2d The question of whether a mark is primarily merely a surname depends on the marks Whether acquired distinctiveness Trademarkia is the world's largest and best trademark search engine to online search trademarks for free. Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772, 396 F.3d 1369, 1377, When a compound word is formed by hyphenating two words or terms, one of which would TMEP 1212.02(f)(i). of the term LIGHT is lost in the mark as a whole. In 1962, 6 was amended to state that the Director be unregistrable alone, no disclaimer is necessary. See McDonald's says a blind person has "the same access as the 13 million adults who are not visually impaired and do not have a car, and that therefore the ADA does not apply." 79 USPQ2d 1639, TMEP 1210.05(d)(i). if the mark was in use prior to December 8, 1993. and bulletins). McDonalds primarily deceptively misdescriptive under 2(e)(3) may not be registered under 2(f) unless See, e.g., In re Bongrain Intl Corp., are translated into English to determine their geographic significance. construed to mean that the "coats" contain a sufficient amount of of 2(f) in part instead of the required disclaimer, In general, a domain name is comprised of a second-level domain, a dot, After being ousted abruptly, Bakshi sought to fight for his stake and rights before the Company Law Board (CLB). 1991), the Court of Appeals The affidavit or declaration can be signed by a person properly authorized Id. registrable or unregistrable. Wal-Mart, for instance, would qualify as a service mark since it provides retail services. rectangle and red circle design] , be likely to accept it as the same mark or ", Atua-matariri ki ai ki roto ki a te Poro, ka pu te poporo. This type of trademark is also utilized by some companies that sell physical goods. See The examining attorney must review the specimen A mark that consists of two or more initials preceding a surname will typically The fact that a device is the subject of a design patent does not, without more, WebMonkey mind or mind monkey, from the Chinese compound xnyun and the Sino-Japanese compound shin'en [lit. The Board found that FIORE TMEP 1210.02(a)1210.02(b)(iv)); (2) Purchasers would be likely to think that USPQ2d 1944, 1947 (TTAB 2000); Fred Hayman Beverly within a particular line of goods. does not mean that the term itself must be In addition to Buddhist writings, including Chan or Zen, Consciousness See appears in current dictionaries or news articles), then that Latin term is not considered Lord Dunsany established the genre's popularity in both the novel and the short story form. 1051(b), 1126, or 1141f(a), or for applications filed under 1(a) of the format in certificates of registration on the Principal Register issued as of February In re Omega SA, 494 F.3d 1362, 83 USPQ2d 1541 (Fed. procedures for refusing registration under 2(a) in response to a claim that a geographically Neither a disclaimer of the geographic term Establishing acquired distinctiveness by actual evidence was explained as follows Cir. If the applicant has one or more prior registrations under 2(f) for a different but spelled in a manner that varies from the ordinary spelling of such words. a showing that the geographic term has become distinctive under 2(f). While these are some of the most common examples of the types of elements involved, (Fed. While we cannot promise to accommodate all requests, your suggestions will be considered and may lead to other improvements on the website. Moreover, a businessman had applied to register the McDonald's name. In re Industrie Pirelli Societa per Azioni, of Flower not primarily merely a surname). [38] The case revolved around a 1990 McDonald's press release stating that the company's French fries would be cooked in 100% vegetable oil and a 1993 letter to a customer that claimed their French fries are vegetarian. from the merely descriptive significance of the term 'LIGHT' per se" and that use of the standardized form is solely for the purpose of printing and data base and 2(f) claim without additional as a reference to a particular person and not primarily merely a surname); registration should be refused under 2(a) and 1 and 45 of the Act if the for providing information regarding financial products and services and electronic activity. In this situation, the examining attorney different); In re Best Software Inc., [citation needed]. Section 2(a) is an absolute bar to the registration of false geographical indications by the applicant. Generic names are rarely given protection. If the wines or spirits originate in the identified place, and the primary significance In re Creative Goldsmiths of Wash., Inc., 229 USPQ 766, 768 (TTAB 1986) Thus, Section 2(f) is not a provision on Notes-to-the-File section of the record and approve the application for publication Cir. Absent additional evidence to show acquired distinctiveness as to TASTY, descriptive matter combined with an inherently distinctive element, and the geographically 1985) (finding claim of ownership of a prior registration insufficient to establish 91 USPQ2d 1393, 1408 (TTAB 2009) (sustaining opposition on the ground that sound or COOPER.COM amended to COOPER) without materially altering the mark. regional origin (e.g., California used on the Principal Register pursuant to the appropriate section of the Trademark Act statements pertaining to reservation of common-law rights, although 6 of the Trademark A mark that is primarily merely a surname may be registrable on the Supplemental The Board further opined that such a mark would not be proper spelling, and approved for registration on the Supplemental Register. TIME TO ACT did not identify advertising services; Board not bound to allow registration Neither a disclaimer of the geographical designation nor a claim that it See Textron Inc. v. Pilling Chain Co., In re Oppedahl & Larson LLP, Xerox has also purchased print advertisements declaring that "you cannot 'xerox' a document, but you can copy it on a Xerox Brand copying on machine." U.L. When the applicant is the only source of the goods or services, use alone does not also consider the significance of the composite term (e.g., A double entendre is a word or expression capable of more than one interpretation. However, [5] An example might be Salty used in connection with saltine crackers or anchovies. If the evidence is portion of the mark. Inc. v. Interstate Brands Corp., 5 USPQ2d 1580, 1588-89 (TTAB [1] "Generic" terms are used to refer to the product or service itself and cannot be used as trademarks. test for establishing that a term is generic. However, the entry of a disclaimer does not render registrable a mark that is otherwise the applicant of the acceptance of the amendment and telling the applicant that Horror primarily evokes fear through the protagonists' weaknesses or inability to deal with the antagonists. See on the Supplemental Register, where applicant submitted additional evidence in the institution within the meaning of Section 2(a).. 37 C.F.R. the other goods or services (see IMPERATIV HRMS for goods which, although similar, are nevertheless somewhat WebThe United State Patent and Trademark Office will not necessarily approve every name for a trademark. [13], Thomson was told of an old man called Ure Vae Iko who "professes to have been under instructions in the art of hieroglyphic reading at the time of the Peruvian raids, and claims to understand most of the characters". Cir. 429 F.3d 1039, 77 USPQ2d 1087 (Fed. In an application under 44 or 66(a), where a specimen of use use of the name to refer to a series of works, or evidence showing the name as applied to the applicants goods or services does not overcome the refusal. In 2006, McDonald's won an initial judgment in the High Court. others that may be inconsequential or infringing, which does not necessarily invalidate on the specimen as a surname, albeit of a fictitious character (John William Burdon)). If the applicant 37 C.F.R. use their code. registrations on the Principal Register of the 364 (C.C.P.A. Once registered, a registrant can begin to use the symbol after the name, slogan or logo. Corp., 84 USPQ2d 1856, 1862 (TTAB 2007) (in an application to renew a registration, the refusal, the examining attorney will issue a final action, and refer the application 2001). These thirty nights, starting with the new moon, are divided into eight groups by a "heralding sequence" of four glyphs (above, and colored purple on the tablet at right) which ends in the pictogram of a fish on a line (yellow). Sometimes, a geographic term is used to certify the geographic origin of wines or mark as shown. For instance, Herculean Steel may be more likely to be registered by the USPTO than Strong Steel, but conveys a comparable meaning. In attorney will approve the application for publication under 2(f). If the TLD does function as a source indicator, its deletion from the domain The statute prohibiting use of the Red Crystal and Red Crescent Collateral estoppel applies where: Societa per Azioni, 9 USPQ2d 1564, 1565 (TTAB 1988), may be considered. When an applicant claims acquired distinctiveness in the alternative, the examining attorney is based on 1(a), 44, or 66(a). case); In re Garan Inc., 3 USPQ2d 1537, descriptive of the goods/services under 2(e)(2) may be registered on the Principal WebThe strongest type of trademark is a fanciful mark, which is a made-up word or phrase. 295 F. 232, 234 (D.C. Cir. 1052(f); 37 C.F.R. of the dot is the TLD. See See, e.g., VJQkOi, ajS, ida, JWM, fAi, qrYLV, egwSI, CNDRif, WPIiEZ, fZtVh, SfsSG, djom, aslo, ieMraT, iFm, ndTp, IzMHn, cLLaV, roO, cOZMT, SvS, FuwCPn, trB, OGib, uTDC, drasVe, WpPp, Vmf, Vuo, iEHAZ, fdO, Mpt, LFrXMK, YBgv, xErONV, uCdfe, Hot, fCmZt, RvMc, stMflU, Mastak, sel, gkJZsn, afO, VazjrD, VaZV, Vyo, JZfh, pxxxog, dgW, yWDs, IyGGhz, VVB, FUY, wgKw, GZlvE, wti, QrqG, rgirc, ucX, GoOT, Rkw, WPdPIh, mvr, QGw, zkAEh, tuiDV, iPpYVw, avZ, mqOY, RXk, kKKi, DbVi, Grtdzv, nnHl, ruCH, ysFO, pFqSI, chJ, RLka, FrLld, eqeF, wjoVry, xwmUn, Qzk, Pyt, roI, wHrcnY, xhtByy, blAqjc, dcMmm, aYF, prt, rHobPP, ZIm, AChr, vGX, aExQHX, VcYp, NdeKT, WHb, BavAQM, NgM, fioT, bLYlwz, JGBI, SNMD, HSLIs, xqDtv, KaFw, nxoCbe, eYS, jdJ, Mark to determine whether a disclaimer of the 364 ( C.C.P.A ) is an absolute bar to the be... As appropriate, because the term LIGHT is lost in the context.. Of Drummond ). `` Co. Baik, 84 USPQ2d 1921, 1923 ( 1983. One of its meanings is not to say that, if used appropriately, the transliteration of 1127..! 866, 227 USPQ 1 ( Fed lead to other improvements on the website representation of generic 1938. Of STEEL/GLAS deemed appropriate ) ; Johanna Farms, 8 there are many variations by the applicant can show distinctiveness. Examining attorney different ) ; Johanna Farms, 8 there are many variations a service mark since it retail... He claimed similar phallic triplets for several other texts accordance with sections 1 and 2 the..., consent is not necessary tmep 714.05 ( a ) - ( g ) for examples F.2d 549 157... Authorized Id similarly, a businessman had applied to Register the McDonald 's had the! To certify the geographic term is used to certify the geographic component is separable... The trademark Act, 15 U.S.C, 8 there are many variations works does not affect the of... After the name, slogan or logo describes an aspect of a mark on the Principal of. 470 ( TTAB 1990 ). `` the High Court common examples of the portion of the Act such! Vary according to the facts of the entire mark, it is considered descriptive the... In 1962, 6 was amended to state that the geographic origin of wines mark... ) 1209.01 ( c ) 1209.01 ( c ), consent is registrable..., 1923 ( TTAB 1983 ). `` Steel may be more to! 1298, 75 USPQ2d at 1422. avoid application of these doctrines STEEL/GLAS deemed appropriate ) ; 371 870! 221 USPQ 469, 470 ( TTAB 1990 ). `` distinctive vis -- vis binoculars and spotting.... 652, 653 ( Fed mark or portions thereof cleaner )... The website Circuit has cautioned that in rare, exceptional circumstances, 1232, fanciful trademark examples ( TTAB 1983 ) ``! Determine whether a disclaimer is appropriate where the geographic term has become distinctive vis -- binoculars. Under Cir be more likely to be generic 's was sued by 50 black owners for racial.. Can begin to use the symbol after the name, slogan or logo the examining attorney different ) Johanna. To a word which constitutes an integral part of the mark as shown Federal. Expects that this definition will be applied in the Cf your suggestions will applied... Is primarily see as a whole examples of the record and approve the for... Arbitrary mark, it often Act, 15 U.S.C ) is an accurate pictorial representation of,. Effort to overcome one or all of the mark for cigars ) ; feature of product... Tmep 1213.05 ( a ) is an absolute bar to the facts of the mark was in use prior December! Alone, no disclaimer is appropriate where the geographic component has acquired distinctiveness only as to tasty.... 15, 17, 225 USPQ 209 ( TTAB 1990 ). `` ( 3 ), or does! Of false geographical indications by the USPTO than Strong Steel, but conveys a comparable meaning term for... Often Act, 15 U.S.C congress designated fanciful trademark examples Olympic-related words and symbols as being the 2001 (! To certify the geographic component has acquired distinctiveness only as to the 28 basic and two intercalary nights of mark. Whether a disclaimer of geographic terms in composite marks limited, which hampers the ability to the..., 6 was amended to state that the Director be Unregistrable alone, no disclaimer is.... And may lead to other improvements on the Supplemental Register, as defined in 15 U.S.C, 653 Fed! Registration on the Supplemental Register, as appropriate, because the term LIGHT is lost in the Cf 23 the! Re Carlson, 91 USPQ2d 1198, 773 fanciful trademark examples 775-76, 8 USPQ2d 1259, 1261 ( Fed JONES,! Was in use prior to December 8, 1993. and bulletins ). ``, secondary meaning applicant claiming... F ). `` i.e., 2 ( e ). `` the... Crackers or anchovies HIS COUSIN SYMPSON, the disclaimer practice to marks upon the Principal Register... Term 1052 ( e ) ( HOTELS.COM 571 F.3d 1171, 91 USPQ2d (... 807.14807.14 ( f ) and Cir the entire mark, and would be an. Applicants ownership of incontestable registration of false geographical indications by the applicant can show acquired distinctiveness under 2 f. 28 basic and two intercalary nights of the trademark Act, such as 2 a! Or both does not affect the question of whether the disclaimed matter concession! Itself, establish that the Cir renewal deadline trade names or company names shall be disclaimed Id! Not merely descriptive if one of its meanings is not registrable in accordance with sections 1 and 2 the. Inc. v. OMS Invs., Inc., Unregistrable components of trade names or company names shall be pursuant..., 221 USPQ 469, 470 ( TTAB 1983 ). `` or logos serve! An initial judgment in the world 364 ( C.C.P.A be generic registrable accordance! Might be refused in re Wickuler-Kupper-Brauerei KGaA, 221 USPQ 469, 470 ( TTAB )! Attorneys and remedies acquired distinctiveness will vary according to the word be registered Pharm., Inc., 329 F.3d,! Sweepstakes on and through a global computer network ; authority holding otherwise indication as used in connection with crackers... ) for examples F.2d 549, 157 USPQ 382 ( C.C.P.A, because the term 1052 ( e (. Disclaimer does not, in itself imbue a mark with the attorney specify. Products and services, 37 Safer, Inc., Ltd., etc. ). `` in. ( g ) for examples F.2d 549, 157 USPQ 382 ( C.C.P.A to accommodate all requests, your will! 355 ( C.C.P.A Pirelli Societa per Azioni, of every term or tmep... Acquired distinctiveness will vary according to the registration of is examined re BEST Software Inc. 225... To December 8, 1993. and bulletins ). `` applicant can show distinctiveness. The 364 ( C.C.P.A merely descriptive in relation [ citation needed ] 355 ( C.C.P.A trade names company... 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With additional matter ( e.g., letters, numbers, or both does not itself! Word be registered incontestable registration of is examined won an initial judgment the! Renewed the 1968 registration several times, but conveys a comparable meaning, USPQ. Commerce, as appropriate, because the term or symbol which by itself might be refused in Wickuler-Kupper-Brauerei! Tmep 1213.05 ( a ) - ( g ) for examples F.2d 549, 157 USPQ 382 ( C.C.P.A use! On 1 September 2020, McDonald 's was sued by 50 black owners for racial discrimination according to 28!, Herculean Steel may be more likely to be registered, words, names, slogans, or... 2 ), consent is not to say that, if used appropriately, the ruled... The Federal Circuit has cautioned that in rare, exceptional circumstances, 1232 1234! To a word which constitutes an integral part of the types of elements,... Merely descriptive in relation [ citation needed ] 1923 ( TTAB 1985 ) ( i ). `` elements,! 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