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Re: Trademark refused - deemed "merely descriptive"[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M. Arthur Auslander on December 07, 2000 at 03:46:21: In Reply to: Trademark refused - deemed "merely descriptive" posted by Tom Patton on December 06, 2000 at 15:27:05: : My lawyer filed a trademark application a year ago. I have since discontinued my relationship with that attorney. I just got notice that my trademark has been deemed "merely decsriptive", to which I disagree. Two questions: How do I go about refuting that it is discriptive? and ... Since they tell me it can be registered in the Supplemental Register, do I lose the right to keep others with like product from my trademark in the Supplemental? : Can I rewrite a word or two to my original application that might make it clearer that the trademark isn't descriptive? It all surrounds the terminology of a "booth" as in a trade show booth. They think it is descriptive in my name yet in actuality, they have a misunderstanding of what a "booth" is, and are confusing it with a display or booth furnishings. What do you think...how do I effectively go about convincing them I am right? Dear Mr Patton, One can't tell in the abstract. Obviously you didn't use and Intellectual Property lawyer to start. E arly L egal A dvise I s N ot E xpensive. You are on the wrong side. Doing it yourself may not be better than what you got before. It might be easier to start over. I'm not gloating but thats the way it is. There are strategies with the Supplemental Register if the mark is important as it stands. M. Arthur Auslander
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