Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: Term of art for a descriptive mark  (Read 496 times)

bcc927164

  • Newbie
  • *
  • Posts: 4
    • View Profile
    • Email
Term of art for a descriptive mark
« on: 03-25-10 at 09:44 am »

In the initial refusal I received because the mark is merely descriptive, there is a clause stating:

Applicant must explain whether "my mark here" or either of the composite terms has any meaning or significance in the industry in which the services are manufactured/provided, or if such wording is a “term of art” within applicant’s industry.

Would it help me if I show evidence that the mark is used as a "slang" in the industry to describe something completely different from my product/service? Or would it actually hurt my chances of approval?

I don't want to mention specifics on the board, but here is an analogy.

Let's say I'm trying to register a service mark for a forum with a name "ironing board" geared towards a community of people who like to iron things :)

On its own, the phrase "ironing board" would be considered merely a description of the forum's function and target audience. But in the industry, it's actually a play on words: ironing board being the bulletin board for people who like to iron clothing while being a description of a physical item such people often use.

Does such argument have a merit? Is it worth perusing such angle? Or will the examining attorney likely reject it?

Logged
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.39 seconds with 17 queries.