| Trademark Examination |
Referenced Items (467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477) |
(468) DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-T-2009-0026]
Trademark Examination Guides 01-09 and 02-09 on
Deceptiveness Refusals
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice
SUMMARY: The United States Patent and Trademark Office ("USPTO" or "Office")
is publishing two Trademark Examination Guides ("Guides") regarding
deceptiveness refusals for non-geographic and geographic marks. These Guides,
issued on May 11, 2009, are being published to give members of the public
notice of them in addition to the notice already provided on the USPTO's Web
site. Members of the public may submit comments regarding the Guides.
Comments will be given consideration in connection with developing future
examination guidance dealing with the subjects of the Guides.
ADDRESSES: The Office prefers that any comments be submitted via electronic
mail message to TMFRNotices@uspto.gov. Written comments may also be submitted
by mail addressed to: Commissioner for Trademarks, P.O. Box 1451, Alexandria,
VA 22313-1451, marked to the attention of Cynthia C. Lynch; or by hand
delivery to the Trademark Assistance Center, Concourse Level, James Madison
Building - East Wing, 600 Dulany Street, Alexandria, Virginia, marked to the
attention of Cynthia C. Lynch.
The comments will be available for public inspection on the Office's Web
site at http://www.uspto.gov and will also be available at the Office of the
Commissioner for Trademarks, Madison East, Tenth Floor, 600 Dulany Street,
Alexandria, Virginia. Because comments will be made available for public
inspection, information that is not desired to be made public, such as an
address or phone number, should not be included in the comments.
FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy
Commissioner for Trademark Examination Policy, by electronic mail at:
cynthia.lynch@uspto.gov; or by mail addressed to: Commissioner for Trademarks,
P.O. Box 1451, Alexandria, VA 22313-1451, marked to the attention of
Cynthia C. Lynch.
SUPPLEMENTARY INFORMATION: On May 11, 2009, the Office issued Examination
Guides 01-09 and 02-09 regarding examination procedures for marks that may be
deceptive under either section 2(a) or section 2(e)(3). Section 2(a) of the
Trademark Act, 15 U.S.C. 1052(a), prohibits, inter alia, the registration of
deceptive matter. Section 2(e)(3) of the Trademark Act, 15 U.S.C. 1052(e)(3),
prohibits the registration of primarily geographically deceptively
misdescriptive marks. Each Guide reviews and discusses case law regarding:
(1) The elements of the refusal; (2) evidentiary issues with respect to the
refusal; and (3) procedures for issuing refusals. The Guides may be found on
the Office's Web site at:
http://www.uspto.gov/web/offices/tac/notices/notices.htm.
The purpose of these Guides is to promote consistency in examination and
to provide guidance to examining attorneys regarding when deceptiveness
refusals must be issued. These Guides do not constitute substantive
rulemaking and hence do not have the force and effect of law. They have been
developed as a matter of internal Office management and are not intended to
create any right or benefit, substantive or procedural, enforceable by any
party against the Office. To the extent that earlier guidance from the Office,
including certain sections of the Trademark Manual of Examining Procedure
(TMEP), 5th edition, is inconsistent with the guidance set forth in the
Guides, Office personnel are to follow the Guides. The next revision of the
TMEP will be updated accordingly.
 Top of Notices (468) December 25, 2012 |
US PATENT AND TRADEMARK OFFICE |
1385 CNOG 3501 |
Any member of the public may submit written comments on either or both of
the Guides. The Office will consider any comments received in connection
with developing future examination guidance dealing with the subjects of the
Guides. Persons submitting comments should note that the USPTO does not plan
to provide a response to or analysis of any comments, as these Guides are not
notices of proposed rulemaking.
July 6, 2009 JOHN J. DOLL
Acting Under Secretary of Commerce for
Intellectual Property and Acting Director of the
United States Patent and Trademark Office
[1347 TMOG 171]