inherentlydistinctive.com
m.Acquired Distinctiveness 2(f)
http://inherentlydistinctive.com/m.acquireddistinctiveness2f.html
MOvercoming Merely Descriptive Refusals. ACQUIRED DISTINCTIVENESS (UNDER SECTION 2(F). Note: If your mark is already registered on the Supplemental Register and you believe that you have acquired distinctiveness, give us a call at 1-. FACTORS FOR DECIDING ACQUIRED DISTINCTIVENESS. In determining whether a proposed mark has acquired distinctiveness, the following factors are generally considered by the USPTO:. 1) length and exclusivity. Of use of the mark in the United States by applicant;. Consumer or de...
inherentlydistinctive.com
m.Section 2(e)(1) Refusal
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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
m.Overcoming Merely Descriptive Refusals
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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...
petitiontocancel.com
Affirmative Defenses
http://petitiontocancel.com/AffirmativeDefenses.html
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
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...
trademarkregisterfaq.com
m.What is the Difference Between TEAS,TEAS Plus, TEAS RF?
http://trademarkregisterfaq.com/teas.html
What is the Difference Between (regular) TEAS, TEAS plus and TEAS RF. TEAS RF applicants do not need to select an identification of goods and/or services from the Trademark ID Manual or satisfy the other TEAS Plus requirements at the time of filing. Filing on paper is currenly $375/classification. Blank part of some goods and services identifications where the blank is filled in with input that goes beyond the scope of the intended identification. Trademark for Product X. If Product X is contained in...
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...
trademarkregisterfaq.com
m.Why Should I Have An NJP Attorney Represent Me?
http://trademarkregisterfaq.com/m.njpattorney.html
Why Should I Have A NJP Trademark Attorney Represent Me? What Should I Do If Someone Files An Opposition Against Me? Is your trademark important? Is it worth protecting? Why Should I Have A Not Just Patents Trademark Attorney Answer My Office Action? Can every trademark refusal or office action be overcome? Why was my trademark application refused? Yourselfers make errors when they try to answer themselves in non-. Why isn’t trademark law common sense so anyone can answer their own office actions? Provid...