Re: Re: Re: Responding effectively to initial refusal to register

Subject: Re: Re: Re: Re: Responding effectively to initial refusal to register

Comments:
: : : I'm not an attorney. This is my personal : : : viewpoint. Regarding the likehood of confusion. : : : The percentage of getting final rejection is : : : 80% or more (based : : : on my experience even if you submit an appeal.) : : : regards : : : kenneth : : : : : Kenneth, : : Thanks for the tip. : : I certainly think it will be difficult at the very least. : : After doing more reading about the subject, I now think "Merely Descriptive" attribution will be even more difficult to overcome. If I cannot convince the examiner that the mark is not "merely descriptive", the best I can hope for is the supplemental register -- which isn't too bad but doesn't have nearly the same protection as being on the principal register. : : Richard : Dear Mr. Ward, : The examining attorneys are usually not unreasonable. They often give routine rejections to clarity the application by amendment. If the mark is acutally descriptive it is unregisterable. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : America On line Instant Messenger screen name artauslander : ELAINE'S Workshop®

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