www.intelproplaw.com | www.intelproplaw.com |
|
Re: Re: Re: Trademark refused - deemed "merely descriptive"[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M. Arthur Auslander on December 07, 2000 at 11:33:36: In Reply to: Re: Re: Trademark refused - deemed "merely descriptive" posted by Tom Patton on December 07, 2000 at 06:37:41: : : : 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 : Dear Mr. Patton, If you dealt with and IP professional I would have expected him to warn you before filing. Without looking as the file I can't judge what happened. If you send me the application and the office action, I'll give you ar short freebee. M. Arthur Auslander
|
www.intelproplaw.com |
The Intellectual Property Law Server Old Trademark Forum |
www.intelproplaw.com |