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   Author  Topic: Double word trademark  (Read 552 times)
Nyatali
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Double word trademark
« on: Jun 24th, 2007, 12:35pm »
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Hello. Need some advice.
 
If an application is filed for a double word trademark and the trademark office advises that the condition required for acceptance of the application is disclaimer of one of the words, what are the possible reasons for this? And are there any actions that you could take to defend use of the word that is to be disclaimed?
 
The word in question is ‘rhythm’ in classes 9 and 41 (Nice).  
 
The application was filed for a combination of two words so confused why one would not be accepted as it is the combination of both words that identifies the nature of the business.
 
I am just learning about IP and do not fully understand how it all works so any advice would be greatly appreciated.  
 
Thanks in advance.
« Last Edit: Jun 24th, 2007, 6:54pm by Nyatali » IP Logged
JSonnabend
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Re: Double word trademark
« Reply #1 on: Jun 25th, 2007, 8:23am »
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A disclaimer is required when a portion of your mark is either merely descriptive or generic.  For example, if your goods are "programmable drum machines", the word "Rhythm" in your mark will likely need to be disclaimed.
 
A disclaimer doesn't remove the disclaimed portion from your registration, it simply says you agree that other will be free to you the disclaimed portion.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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