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Standard of Review for Trademark Denials

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  • 09-17-2014, 10:41 AM
    Hagstrom78
    Standard of Review for Trademark Denials
    What is the standard of review for trademark denials?

    My trademark application was denied and I wish to appeal/respond as is set forth in the denial. Just wondering what the standard is upon my response to the denial.

    much thanks!
  • 09-17-2014, 12:48 PM
    flyingron
    Re: Standard of Review for Trademark Denials
    What reason was given for denial of the registration? We can't even begin to explain what to do without knowing that. For technical errors you just fix them and resubmit. For more substantive errors (confusion with another mark, too generic or descriptive, etc...) we'll need to know what.

    Are we still talking about the first denial or an appeal for a "final" denial?
  • 09-17-2014, 01:46 PM
    Hagstrom78
    Re: Standard of Review for Trademark Denials
    Quote:

    Quoting flyingron
    View Post
    What reason was given for denial of the registration? We can't even begin to explain what to do without knowing that. For technical errors you just fix them and resubmit. For more substantive errors (confusion with another mark, too generic or descriptive, etc...) we'll need to know what.

    Are we still talking about the first denial or an appeal for a "final" denial?

    flyingron,

    this is related to the first denial (generic/descriptive). I understand the reason for the denial being based on the need to allow for many individuals to use terms that describe the product or where the services are derived, but can't help but notice the hundreds of other business entities with trademark protection under names like "east coast gold," "west coast customs" and "west coast sex toys" etc so I would like to at least respond.

    IP is far from my expertise, so I really appreciate your help. Thanks!
  • 09-17-2014, 03:37 PM
    flyingron
    Re: Standard of Review for Trademark Denials
    You want to tell us the mark you were trying.

    I'm not going to write a book on trademark law here. If you have specific issues, lay them on the table. If you can't. Get a lawyer.
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