2024 Tmep primarily merely a surname

Tmep primarily merely a surname

Author: wnki

August undefined, 2024

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) ]; WebIf 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

1211.01 "Primarily Merely a Surname" - tmep.uspto.gov

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 WebThe 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. courtyard denver cherry creek reviews

Can you trademark a person’s name? - Patent Trademark Blog

WebThis means that a surname that is “primarily merely a surname” can be registered as a trademark with the USPTO only if the owner can prove that, through long and extensive use, the name has acquired distinctiveness or secondary meaning in the marketplace. 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) … brians wellingborough

Primarily Merely A Surname Trademark Refusal NexTrend Legal

WebTRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP) UNITED STATES PATENT AND TRADEMARK OFFICE. July 2024. Foreword . The Trademark Manual of Examining … http://tmep.uspto.gov/RDMS/detail/manual/TMEP/Oct2012/d1e2.xml brians welding repairWebSection [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. brian swenson mercy springfield

"WebThe 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) . " - Tmep primarily merely a surname

Tmep primarily merely a surname

TMEP 1211.01(a)(ii): Phonetic Equivalent of Term with Ordinary

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) (iii) Next: §1211.01 (a) (v) 1211.01 (a) (iv) Historical Place or Person WebUnder §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 §§1212–1212.10regarding acquired distinctiveness.

Did you know?

WebAug 14, 2024 · TMEP § 1211.01. To make a determination about whether consumers will perceive the mark as primarily merely a surname, the Office will consider: (1) whether the surname is rare; (2) whether the term is the surname of anyone connected with the applicant; (3) whether the term has any recognized meaning other than as a surname; 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.

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 … 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 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).

WebSee id. (holding J HUTTON primarily merely a surname rather than a personal name where no evidence was submitted to show Jade Hutton, an individual associated with applicant, went by or was known by J. Hutton and how the term was used, and she had signed a written consent Jade Hutton rather than J. Hutton).

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" … courtyard denver park meadowWebJan 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)) brian s westerman palmetto flWebPrimarily 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 … courtyard denver golden/red rocksWebSee 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. courtyard denver park meadowsWebIn 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. brian swezey west islip wrestlingWebIn 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). courtyard denver downtown reviewsWebUnder §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. courtyard denver downtown marriott