Focus Must Always Remain on the Applicant’s Proof that the Applied-for Term Functions Primarily to Identify Geographic Origin: Section II(C), page six, of the Draft Exam. Guide misconstrues a significant area of inquiry applicable to the issue of whether a mark functions as a geographic certification mark. As phrased, the Draft Examination Guide suggests an “either/or” proposition—i.e., that an applied-for mark either ...more »
Geographic Certification Marks
Update: We would like to get as much feedback as possible while still maintaining our schedule for the exam guide, so we have extended the comment period until August 15. We look forward to receiving your comments, and please do not forget to review and vote on the other proposed ideas.
I am a partner with the law firm Abelman Frayne & Schwab. We represent clients in a wide variety of industries, including the alcoholic beverage and food industries. In preparing this statement we did not seek input from any of the firms clients, nor have any of our clients reviewed this statement prior to its posting on this site. The wording of Section II(C) includes misleading paraphrasing of the cases and TMEP ...more »