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.