Tmep primarily merely a surname
WebIf 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). WebSection [2 (e) (4)] of the statute does not contemplate the dissection of a composite mark to determine whether a word which constitutes an integral part of the mark is primarily merely a surname. Rather, it contemplates an examination of the mark in its entirety and an evaluation of the commercial impression created by the entire mark.
Tmep primarily merely a surname
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WebSee In re E. Martinoni Co., 189 USPQ 589, 590-91 (TTAB 1975) (holding LIQUORE MARTINONI (stylized) for liqueur primarily merely a surname, with "liquore" being the Italian word for "liqueur"). See TMEP §§1211.01(b)–1211.01(b)(viii)regarding the combination of a surname with additional matter.
WebIf 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 … 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) ];
WebIn holding that PIRELLI was primarily merely a surname, the Board noted that the term "has no ordinary meaning in the Italian language, as the Italian dictionary excerpt, made of record by the Examining Attorney, shows." In re Industrie Pirelli Societa per Azioni, 9 USPQ2d 1564, 1566 (TTAB 1988). 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 …
WebJan 9, 2024 · There are five elements used in analyzing whether a mark is “primarily merely a surname” and might be refused as merely descriptive: whether the surname is rare (see TMEP §1211.01 (a) (v)) whether the term is the surname of anyone connected with the applicant (see TMEP §1211.02 (b) (iv))
WebThe Trademark Trial and Appeal Board has identified five examples of inquiries that may lead to evidence regarding the public’s perception of a term’s primary significance: (1) whether the surname is rare (see TMEP §1211.01 (a) (v) ); (2) whether the term is the … fordhook farm bushy cucumberWebPrimarily Merely a Surname: The examining attorney will refuse registration of a mark if the primary significance to the purchasing public is a “surname”, i.e., a family name or last … fordhook bushy cucumberWebUnder §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. elvis chicv.comWebIn 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. fordhook lima bean seeds for salehttp://tmep.uspto.gov/RDMS/detail/manual/TMEP/Oct2012/d1e2.xml fordhook bush lima beanWeb1211.01 "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" … fordhook giant hollyhockWebTMEP 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 fordhook farms doylestown