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USPTO Issues Trademark Examination Guide on Unitary Phrases and Slogans
Practical Law Legal Update 0-517-8903 (Approx. 2 pages)
USPTO Issues Trademark Examination Guide on Unitary Phrases and Slogans
by PLC Intellectual Property & Technology
| Published on 06 Feb 2012 • USA (National/Federal) |
The USPTO recently released an examination guide and an appendix of examples providing additional considerations to assess whether wording in a mark is a unitary phrase or slogan to help determine if a disclaimer is necessary. This guide serves as a supplement to the Trademark Manual of Examining Procedure.
On February 6, 2012, the USPTO issued Examination Guide 1-12 (Guide) and an appendix of examples concerning additional considerations to help determine whether wording in a mark forms a unitary phrase or slogan for disclaimer purposes. If a phrase or slogan is unitary, a disclaimer of unregistrable components in the phrase or slogan is not required. However, the entire unitary phrase or slogan remains subject to registrability and disclaimer requirements.
To help determine if a phrase or slogan that makes up a mark (or a portion of a mark) is unitary, the guidance provides analysis and examples of grammar considerations such as:
- Verbs.
- Prepositional phrases.
- Punctuation.
- Possessives.
A copy of the Guide, which supplements the October 2011 Trademark Manual of Examining Procedure, is available on the USPTO's website.