The draft examination guide says that evidence of five years' use will be insufficient to overcome a refusal on the basis that a repeating pattern mark is not inherently distinctive; actual evidence will always be required. The guide cites to TMEP 1212.05(a) which states: "For matter that is not inherently distinctive because of its nature (e.g., nondistinctive product design, overall color of a product, mere ornamentation, ...more »
Repeating Pattern Marks Registration December 18, 2014 Comments and Suggestions by J. Thomas McCarthy, Senior Professor University of an Francisco Founding Director, McCarthy Institute of IP firstname.lastname@example.org Comments on Draft of December 11, 2014 for Examination Guide for Repeating Patterns The guideline conflates the two different requirements of whether a designation serves as a trademark at all and whether ...more »
The Lanham Act states: "§ 2 (15 U.S.C. § 1052). Trademarks registrable on the principal register; concurrent registration No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it— * * * (d) Consists of or comprises a mark which so resembles a mark ...more »
This is a test idea. Please treat it as a sandbox for commenting and voting.
The proposed requirement for relaxation of the currently strict rules against registration of gTLDs makes sense. The AIPLA comments that special rules for registration of gTLDs as trademarks or servicemarks are not needed. The proposed Examination Guideline would allow registration of gTLDs upon proof of : (a) prior registration for an identical mark for the same services or goods, (b) proof that consumers would associated ...more »