Incapable Information Matter Examination Guide

Incapable Information Matter Examination Guide

Please review and comment on this draft Examination Guide on Incapable Information Matter.

Campaign Brief

This examination guide clarifies the policies and procedures for examining marks containing certain types of informational matter that does not indicate source and thus fails to function as a mark. The guide explains certain types of matter that would be considered informational and sets forth the relevant case law. The guide also identifies when an examining attorney must refuse registration or require a disclaimer of such matter, discusses an applicant’s response options, and provides examples illustrating the concepts covered.