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Author Topic: How to show "sufficient stylization" for an arguably descriptive mark?  (Read 416 times)

NJ Patent1

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In a first Office Action in a 1(a) application, the Examining Attorney has refused registration for a stylized mark.  The Examining Attorney has a decent argument that the words themselves are descriptive and concludes that the “degree of stylization is not sufficiently striking or unique …”  This is of course a subjective determination.  Is it worth fighting?  If so, what might I argue - other than “no, you’re wrong” - or what evidence might I present?
 
TM is a small portion of my practice and this is the first time I’ve encountered this reason for refusal.  I’ve been asked to take this over from a GP firm and don’t want to lean into a left hook.  Any help appreciated. 
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