Memberships [ 2 ] [+]
Activity Stream [+]
Ideas Contributed [ 4 ] [+]
Section 1201.03(a) states (in its title and text) that use by a related party “must” be disclosed in an application. But the Section then proceeds to say that that use by a related party “should” be disclosed in an application under §§1(a) and (b). Is it mandatory or permissive? Either way, since TEAS forms reference use by a related party in the alternative, there may be no need to affirmatively disclose the fact. ...more »
1011.01 states if the foreign registration is not issued in color, the examining attorney may require evidence to establish that a colored mark in a United States application is a substantially exact representation of the mark in the foreign registration. Doesn't the mark speak for itself? What kind of evidence would the PTO be looking for here? The TMEP should be revised to provide greater clarity.
Does anyone know whether the impracticability exception has been applied to goods that are too small to bear the mark such as very small industrial products?
TEAS requires applicants to describe the colors, and where they appear, in a color mark and to describe the features of a design mark. However, TMEP §808.01, as well as 37 C.F.R. §§2.37 and 2.52, do not seem to require providing such information at the time of filing. The Trademark Law Treaty Implementation Act of 1998 eliminated several minimum requirements necessary to receive a filing date in order to make it easier ...more »