REGISTRATION REFUSAL BASED ON LIKELIHOOD OF CONFUSION – PART 1

Trademark Act Section 2(d) bars registration of an applied-for trademark that so resembles a registered mark (or a mark in a prior-filed pending trademark application) that it is likely that a potential consumer would be confused or mistaken or deceived as to the source of the goods and/or services of the applicant and registrant. 15 U.S.C. §1052(d). See also C.F.R. §2.83; TMEP §§ 1208 et seq.   The overriding concern…

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REGISTRATION REFUSAL – MARK MERELY DESCRIPTIVE

Registration will be refused, if an applied-for trademark merely describes the applicant’s goods.  Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq. The determination of whether a trademark is merely descriptive is made in relation to an applicant’s goods and/or services, not in the abstract. See, e.g., In re Polo Int’l Inc., 51 USPQ2d 1061, 1062-63 (TTAB 1999) (finding DOC in DOC-CONTROL would refer to the “documents” managed by applicant’s software rather than the term…

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DESCRIPTION OF THE MARK AND COLOR CLAIM IN THE APPLICATION

If the trademark includes color, the drawing of the trademark must show the trademark in color, and the applicant must name the color(s) and describe where the color(s) appear on the trademark. 37 C.F.R.§2.52(b)(1). If the applicant submits a color drawing of the trademark or a description of the trademark that indicates the use of color on the trademark, the applicant must claim color as a feature of the mark….

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