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| Business/income impact due to "Foley, David R."? |
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| mnm1200:
--- Quote from: RayB on February 24, 2005, 05:23:19 pm ---Good digging mnm1200! What a relief. --- End quote --- I can't tell if that is sarcasm or real.... (BTW, more info to back up my basis) ----- TMEP |
| RayB:
Was not sarcasm. |
| mnm1200:
thanks --- Quote from: RayB on February 24, 2005, 07:27:27 pm ---Was not sarcasm. --- End quote --- |
| krick:
--- Quote from: mnm1200 on February 24, 2005, 05:55:17 pm ---It also fails the test of distinctiveness (TMEP --- End quote --- |
| mnm1200:
--- Quote from: krick on February 25, 2005, 02:50:06 pm ---Using your logic, the punk band "A.T.I" which stands for "Any Three Initials" couldn't trademark their band name (conflicts with the ATI video card company, notwithstanding). --- End quote --- Why not? I'm quoting TMEP Section 1209.01: "Arbitrary marks comprise words which are in common linguistic use but, when used to identify particular goods or services, do not suggest or describe a significant ingredient, quality or characteristic of the goods or services (e.g., APPLE for computers; OLD CROW for whiskey). Suggestive marks are those which require imagination, thought or perception to reach a conclusion as to the nature of the goods or services. Thus, a suggestive term differs from a descriptive term, which immediately tells something about the goods or services." "Fanciful, arbitrary and suggestive marks, often referred to as 'inherently distinctive' marks, are registrable on the Principal Register without proof of acquired distinctiveness." I'm not sure whether you would categorize A.T.I. as suggestive or arbitrary, but it clearly fits in there. (it shouldn't conflict with the video card company either - different industry) "To be refused registration on the Principal Register under |
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