Repeating-Patterns Examination Guide

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Showing Acquired Distinctiveness for a Repeating Pattern Mark

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 »

Submitted by (@allisonstricklandricketts)

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Campaign: Repeating-Patterns Examination Guide

Repeating Patterns should not be inherently distinctive

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 jtmccarthy2@comcast.net 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 »

Submitted by (@jtmccarthy2)

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