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[NJ Patent1]

I took-over a sec 1a TM application for a stylized (“logo”) mark that was refused because the mark was allegedly “insufficiently stylized”, so little so that the EA opined that registration on the supplemental register would also like be refused (I re-filed on the supplemental anyway).

The mark includes three words that are indeed descriptive of the g/s (e.g. “the shirt store” for retail and on-line sale of men’s shirts).  But each word is presented in a different font and color and juxtaposed in a particular way with a certain colored border. 

Assuming I get refused, besides reciting the features of the mark and concluding that, ergo, the mark is sufficiently stylized, any thoughts on how to approach such a refusal?  Thanks.  First impression for me. 

[JSonnabend]

Has the mark been used long enough that a survey might help?

BTW, I am not sure I would have amended the basis.

- Jeff