Re: Re: Trademark refused - deemed "merely descriptive"

Subject: Re: Re: Re: Trademark refused - deemed "merely descriptive"

Comments:
: : : 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 : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 505 Eighth Avenue, New York, NY 10018 : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : ELAINE's Workshop (sm) : : E arly L egal A dvice I s N ot E xpensive : : Well, I guess you get what you pay for. I did use an IP attorney. I guess you don't get much in the way of suggestions unless you've got the big bucks. Didn't think it would be too difficult to tell someont the procedure to "appeal", but again, unless you pay the big bucks...you don't get much help, huh. I already paid the big bucks once...and now it is arranged so all I have to do is keep paying. Thanks for nothin...but at least this time...thats all I paid!

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