Here’s a notable observation we’ve come across while parsing through PTO data used each week to generate our popular 2(d) Citation Watch: Applicant’s frequent use of another’s registered trademark within the identification and classification of goods. Notable examples of this (mal)practice are just about any product by APPLE Inc. (iPhone, iPad,etc.,) and apparently those of HOODIES USA. Using the example of APPLE, we’ve seen the following notations by the examiner countless times. The wording “IPHONE” in the identification of goods is a registered mark not owned by applicant. See enclosed registration. In its own application, an applicant may use its own registered mark in an identification of goods or services, but may not use a registered mark owned by another party. A registered mark indicates origin in one party and cannot be used to define goods or services that originate in a party other than the registrant. TMEP §1402.09; see Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958). Therefore, applicant must amend the identification of goods by deleting the wording “IPHONE” and substituting the common commercial or generic name for the goods. In general, isn’t this a basic tenet of TM-101? Is there sufficient awareness by […]
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