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-Patterns Examination Guide
The purpose of this section is to discuss the Repeating-Patterns Examination Guide. Please leave all general comments here, with more specific comments in the appropriate subsection. Update: The comment period is now closed. Thank you for your feedback.