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Function as a Mark

Choosing or creating the right trademark application specimen can avoid trademark refusals and speed up a registration. If it is your job to get it done right, call us, we can help.

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NOT JUST PATENTS LLC

WENDY PETERSON

PO B●●●●8716

MINN●●●●OLIS , MINNESOTA, 55418

UNITED STATES

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IN●●@NOTJUSTPATENTS.COM

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NOT JUST PATENTS LLC

WENDY PETERSON

PO B●●●●8716

MINN●●●●OLIS , MINNESOTA, 55418

UNITED STATES

1.24●●●●8624
IN●●@NOTJUSTPATENTS.COM

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Function as a Mark | functionasamark.com Reviews
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Choosing or creating the right trademark application specimen can avoid trademark refusals and speed up a registration. If it is your job to get it done right, call us, we can help.
<META>
KEYWORDS
1 not just patents
2 trademark
3 brand name
4 tagline
5 slogan
6 distinctive
7 federal trademark infringement
8 trademark infringement
9 federal unfair competition
10 unfair competition
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trademarks are,in re astro,usual and unusual,there are usual,dimensional trademarks,sound,example tivo,harlem globetrotters,entertainment basketball,sweet georgia brown,scent,and quality,incontestability,for more information,have a five,not just patents
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Function as a Mark | functionasamark.com Reviews

https://functionasamark.com

Choosing or creating the right trademark application specimen can avoid trademark refusals and speed up a registration. If it is your job to get it done right, call us, we can help.

INTERNAL PAGES

functionasamark.com functionasamark.com
1

Trademark Subject Matter TMEP 1202.03-1202.16

http://www.functionasamark.com/tmep1202.03.html

120202(e) Use of Subject Matter as Trademark. See Trademark Manual of Examining Procedure (TMEP). Function as a Mark. 15 USC 1051, 1052, 1053 etc. Color as Trade Dress. Does Not Function Refusals. 3D Trademarks (Trade Dress). Not Just Patents LLC. PO Box 18716, Minneapolis, MN 55418. Search Not Just Patents. Securing the Right IP.

2

Function as a Mark

http://www.functionasamark.com/index.html

Trademarks being Used as Trademarks. Any word, term, name, symbol, or device, or any combination thereof that are used. In commerce as brand names, domain names, tag lines, slogans, non-. Functional and distinctive packaging and labeling designs, etc. to indicate the source. 237 F3d at 210 (3rd Cir., 2000). To be a valid mark, a potential mark must actually function as a trademark. 275 F2d 945, 947, 125 USPQ 227, 229 (C.C.P.A. 1960):. The Trademark Act is not an act to register words but to register trad...

3

3D Trademarks (Trade Dress)

http://www.functionasamark.com/3dmarkstradedress.html

3D Trademarks or Trade Dress. See the new TMEP on Trade Dress. Three dimensional trademarks are often referred to as trade dress and are often used to protect packaging for products or how products look. How do I search for 3D marks or trade dress? Trade dress")[DE] or (3D)[DE] or (three-. Dimensional)[DE]) and (live)[LD] and `RN "0". This is a very small category of trademarks. Both the wine bottle and the pyramid tea infuser, whose drawings and specimens of use are shown to the left, are registered tra...

4

Use of Subject Matter Trademark TMEP 1202-1202.02

http://www.functionasamark.com/tmep1202.html

Function as a Mark. 15 USC 1051, 1052, 1053 etc. Color as Trade Dress. Does Not Function Refusals. 3D Trademarks (Trade Dress). Not Just Patents LLC. PO Box 18716, Minneapolis, MN 55418. Search Not Just Patents. Securing the Right IP. 120202(e) Use of Subject Matter as Trademark. See Trademark Manual of Examining Procedure (TMEP).

5

Does Not Function Refusals

http://www.functionasamark.com/doesnotfunctionrefusals.html

How to Overcome Specimen Refusals. Help From the USPTO On Specimen Refusals. Which may be Ornamental Refusals or Functionality Refusals or Others). The USPTO offers this new (22Feb2013) general purpose advice from their web site at: http:/ www.uspto.gov/trademarks/law/specimen.jsp. Specimen Refusal" and How to Overcome This Refusal. What is a "Specimen Refusal"? The USPTO issues a specimen refusal when your sample of how you use your applied-. How Can I Overcome This Refusal? NOTE: You may have to amend ...

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LINKS TO THIS WEBSITE

inherentlydistinctive.com inherentlydistinctive.com

Overcoming Merely Descriptive Refusals

http://inherentlydistinctive.com/merelydescriptiverefusals.html

OVERCOMING A MERELY DESCRIPTIVE REFUSAL. A mark does not have to be totally lacking in meaning (completely non-. Descriptive) to be registrable, the USPTO trademark examiner may require an applicant to disclaim. For more information on geographically descriptive or geographically misdescriptive refusals see http:/ merely-. See more on acquired distinctiveness for Section 2(f) or 2(f) in part at Trademark2f.com. Examples of USPTO Trademark Office Action Rejections based on being merely descriptive. The ex...

inherentlydistinctive.com inherentlydistinctive.com

m.Overcoming Merely Descriptive Refusals

http://inherentlydistinctive.com/m.overcomingmerelydescriptiverefusals.html

A result of Not Being Inherently Distinctive. A mark does not have to be totally lacking in meaning (completely non-. Descriptive) to be registrable, the USPTO trademark examiner may require an applicant to disclaim. Exclusive rights to part of the mark that is unregistrable rather than refuse the entire mark. See 15 U.S.C. 1056(a) Disclaimer of unregisterable matter. For more information on geographically descriptive or geographically misdescriptive terms see http:/ merely-. The examining attorney refus...

merely-descriptive.com merely-descriptive.com

Strong Trademarks

http://merely-descriptive.com/index.html

Not Just Patents LLC. PO Box 18716, Minneapolis, MN 55418. The Most Efficient Commercial Tool Ever Devised. Being able to associate a product or service with to designate a federally registered trademark is a strong business tool. Purchasing decisions are continually influenced by trademarks by distinguishing products from one another and indicating a level of. Most Efficient Commercial Tool Ever Devised. Merely Descriptive trademarks are not strong trademarks. Domain names, tag lines, slogans. Is a stro...

merelydescriptive.com merelydescriptive.com

m.Examples Merely Descriptive

http://merelydescriptive.com/m.examplesmerelydescriptive.html

General Rules For Determining If A Trademark is Merely Descriptive. Extracted from USPTO Office Actions). A mark is merely descriptive under Trademark Act Section 2(e)(1). 15 USC. 1052(e)(1) , if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant services. In re Gyulay. 820 F2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987); In re Bed and Breakfast Registry. 791 F2d 157, 229 USPQ 818 (Fed. Cir. 1986); In re MetPath Inc. 223 USPQ 88 (TTAB 1984); In re Bright-.

merelydescriptive.com merelydescriptive.com

Strong Trademarks

http://merelydescriptive.com/index.html

Not Just Patents LLC. PO Box 18716, Minneapolis, MN 55418. The Most Efficient Commercial Tool Ever Devised. Being able to associate a product or service with to designate a federally registered trademark is a strong business tool. Purchasing decisions are continually influenced by trademarks by distinguishing products from one another and indicating a level of. Most Efficient Commercial Tool Ever Devised. Merely Descriptive trademarks are not strong trademarks. Domain names, tag lines, slogans. Is a stro...

stepstoatrademark.com stepstoatrademark.com

m.Steps to a Trademark

http://stepstoatrademark.com/m.stepstoatrademark.html

Steps for a Trademark. Virtually every business could benefit from a trademark! According to a 2013 report by the USPTO, trademarks cover a broader set of participants in the economy [than patents] because almost every firm, regardless of size, market, or business strategy, has goodwill to protect. (. The USPTO Trademark Case Files Dataset: Descriptions, Lessons, and Insights. Any word, term, name, symbol, or device, or any combination thereof that are used in commerce as brand names, tag lines, slogans.

stepstoabrand.com stepstoabrand.com

m.Typical Brand Name Refusals

http://stepstoabrand.com/m.typicalbrandnamerefusals.html

MValid Use of Brands. MTypical Brand Name Refusals. Typical’ Brand Name Refusals. These are actual USPTO trademark application refusals (office actions) with some redactions). The following disclaimer is required:. The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer. TMEP 1213.08(a)(i). The following is the standard format used by the Office:. No claim is made to the exclusive right to use BRAND apart from the mark as shown. 233 F2d...

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Function as a Mark

Trademarks being Used as Trademarks. Any word, term, name, symbol, or device, or any combination thereof that are used. In commerce as brand names, domain names, tag lines, slogans, non-. Functional and distinctive packaging and labeling designs, etc. to indicate the source. 237 F3d at 210 (3rd Cir., 2000). To be a valid mark, a potential mark must actually function as a trademark. 275 F2d 945, 947, 125 USPQ 227, 229 (C.C.P.A. 1960):. The Trademark Act is not an act to register words but to register trad...

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Function as a Mark

Trademarks being Used as Trademarks. Any word, term, name, symbol, or device, or any combination thereof that are used. In commerce as brand names, domain names, tag lines, slogans, non-. Functional and distinctive packaging and labeling designs, etc. to indicate the source. 237 F3d at 210 (3rd Cir., 2000). To be a valid mark, a potential mark must actually function as a trademark. 275 F2d 945, 947, 125 USPQ 227, 229 (C.C.P.A. 1960):. The Trademark Act is not an act to register words but to register trad...

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