Tmep primarily merely a surname
WebIn re Hamilton Pharm. Ltd., 27 USPQ2d 1939 (TTAB 1993) (holding HAMILTON primarily merely a surname). 1211.01 (a) (iv) Historical Place or Person A term with surname significance may not be primarily merely a surname if that term also identifies a historical place or person. See Lucien Piccard Watch Corp. v. WebTRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP) UNITED STATES PATENT AND TRADEMARK OFFICE. July 2024. Foreword . The Trademark Manual of Examining …
Tmep primarily merely a surname
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Web“Merely a surname” means that the trademark does not contain any other distinctive terms. So one way to avoid or minimize a surname refusal would be to add more distinctive … WebTMEP Chapter Index Chapter 1200: Substantive Examination of Applications 1211: Refusal on Basis of Surname 1211.01: "Primarily Merely a Surname" 1211.01 (a): Non-Surname Significance Previous: §1211.01 (a) (iv) Next: §1211.01 (a) …
Web1211.01 "Primarily Merely a Surname". The legislative history of the Trademark Act of 1946 indicates that the word "primarily" was added to the existing statutory language "merely" … WebIf the mark includes a last name, there is a risk that the USPTO trademark examining attorney may issue a surname refusal. Here are the factors that will be considered in determining whether a last name is primarily merely a surname [see TMEP 1211.01 ]: (1) whether the surname is rare [ see TMEP §1211.01 (a) (v) ];
WebTMEP 1211.01 (a) (ii): Phonetic Equivalent of Term with Ordinary Language Meaning October 2024 Edition of the TMEP TMEP Chapter Index Chapter 1200: Substantive Examination of Applications 1211: Refusal on Basis of Surname 1211.01: "Primarily Merely a Surname" 1211.01 (a): Non-Surname Significance WebSee TMEP §§1211.01(b)(i)–1211.01(b)(viii) for additional information about surnames combined with additional matter. 1211.01(b)(i) Double Surnames. A combination of two surnames is not primarily merely a surname, within the meaning of §2(e)(4), unless there is evidence of record showing that the combination would be perceived by the public ...
WebIf the additional matter is minimal or unregistrable, then the mark is primarily merely a surname and refusal under §2 (e) (4) of the Act, 15 U.S.C. §1052 (e) (4) (formerly §2 (e) (3), 15 U.S.C. §1052 (e) (3)), must be made.
http://tmep.uspto.gov/RDMS/detail/manual/TMEP/Oct2012/d1e2.xml raiders dancing on chiefs logoWebIf a mark is composed of a surname and a non-source-identifying gTLD, the examining attorney must refuse registration because the mark is primarily merely a surname under … raiders cup wrapWebThe Trademark Trial and Appeal Board has declined to hold that a minimum number of listings in telephone directories must be found to establish a prima facie showing that the mark is primarily merely a surname. See, e.g., In re Petrin Corp., 231 USPQ 902, 903 (TTAB 1986) ; In re Wickuler-Kupper-Brauerei KGaA, 221 USPQ 469, 470 (TTAB 1983) . raiders custom made bathtubWebIf a mark is composed of a surname and a non-source-identifying gTLD, the examining attorney must refuse registration because the mark is primarily merely a surname under Trademark Act §2 (e) (4), 15 U.S.C. §1052 (e) (4), absent a showing of acquired distinctiveness under Trademark Act §2 (f), 15 U.S.C. §1052 (f). raiders crossing apartmentsWebThe Trademark Manual of Examining Procedure (TMEP) may be downloaded free of charge from the United States Patent and Trademark Office (USPTO) website at http://www.uspto.gov/trademarks/resources/TMEP_archives.jsp. raiders cowboys scuffleWebUnder §2 (e) (4) of the Trademark Act, 15 U.S.C. §1052 (e) (4) , a mark that is primarily merely a surname is not registrable on the Principal Register absent a showing of acquired distinctiveness under §2 (f), 15 U.S.C. §1052 (f) . See TMEP §§1212–1212.10 regarding acquired distinctiveness. raiders decals stickersWebIf the wording combined with the surname is inherently distinctive (i.e., matter that is fanciful, arbitrary, or suggestive), the mark is not considered to be primarily merely a surname under §2 (e) (4). Some wording may enhance rather than diminish the surname significance of the mark. See raiders death