Question on trademark disclaimers

Started by cheesepep, 08-01-18 at 07:34 AM

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cheesepep

Assume that the registered TM is Starbucks Coffee and the registered mark disclaims the "coffee" portion, and my mark is "Starbucky" (no coffee). Assume that I am selling tea and Starbucks Coffee sells coffee.

My Starbucky mark is being rejected over the Starbucks Coffee TM because the first words (Starbucky vs Starbucks) are similar, and examiner notes that the coffee part of "Starbucks Coffee" is being disclaimed. Does that mean I have to solely argue against the Starbucky vs Starbucks mark or can I also argue against the coffee part of Starbucks Coffee also?



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