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Tag: Trademark application; USPTO; registration; use in commerce; specimen; merely descriptive; explanatory text; trademark; Georgia attorney; florida attorney; atlanta attorney; savannah attorney; Jackson

Posted on September 25, 2017September 26, 2017 by cadwilson

Specimens Can Render A Trademark Merely Descriptive

Text from an application’s own specimen of use (“specimen”) can render a trademark merely descriptive of the features of its goods or services, and thus unregistrable. That is the ruling from the precedential August 10, 2017 Federal Circuit opinion In Re: North Carolina Lottery. This opinion presents a case study of what (and what not)…

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