CREATINE writing
September 3rd, 2009 by Ron Coleman | Print
Originally posted 2008-01-09 13:49:11. Republished by Blog Post Promoter
The TTABlog examines, so to speak, an almost metaphysical TTAB discussion of when a trademark is or is not “unitary” for purposes of the requirement to disclaim non-registrable elements:
“When a compound word mark is formed by hyphenating two words or terms, one of which would be unregistrable alone, the mark is deemed unitary and no disclaimer is necessary.”
This one is not for amateurs, but if you’re a trademark pro you should take a look at it.
January 10th, 2008 at 10:09 am
When I was an examiner, I always found this distinction silly. Especially in light of the fact that if you were to ask an examiner to amend a mark to add a hyphen, it would not be considered a material alteration and therefore allowed.
If a hyphen wouldn’t make a difference for purposes of material alteration, why does it make a difference for disclaiming descriptive matter?