Updated trademark examination guide on specimens

The USPTO has issued an update to the trademark examination guide titled “Examination of Specimens for Use in Commerce: Digitally Created/Altered or Mockup Specimens.” The updated guide addresses examination guidelines regarding digitally created or altered and mockup specimens. In particular, the updated guide revises the procedures for requests for information about the use in commerce of such specimens.

 

The guide can be found on the Trademark examination guides page of the USPTO website. For questions about the guide, email TMPolicy@uspto.gov.

New trademarks examination guide on cheeses and processed meats

The USPTO has issued a new examination guide titled “Marks Including Geographic Wording that Does Not Indicate Geographic Origin of Cheeses and Processed Meats.” The guide sets out procedures for examining applications for cheeses and processed meats in which the mark includes geographic wording that does not indicate geographic origin, but otherwise may be a generic designation for such goods.

The guide can be found on the Trademark examination guides page of the USPTO website. For questions about the guide, email TMPolicy@uspto.gov.

Provide input on draft Trademark exam guide

We would like to hear your feedback on a draft exam guide. To do so:

1. Review the guide: Marks Including Geographic Wording that Does Not Indicate Geographic Origin of Cheeses and Processed Meats.
2. Post your comments on the Trademark Policy Collaboration Site.

For information about how to set up an account and use this tool, review the How to use IdeaScale® page.

Federal Register: Trademark Examination Guides Updates

[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]
[Page 33416-33417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy09-40]
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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

[[Page 33417]]

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.

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.

Dated: 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.
[FR Doc. E9-16424 Filed 7-10-09; 8:45 am]

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