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A new examination guide, “Incapable Informational Matter,” is now available for comment on IdeaScale. The guide contains hyperlinks to the IdeaScale website where you can post
feedback. Please submit all feedback by February 13, 2017. For
assistance using IdeaScale, see the comprehensive
user guide.
The types of wording held as
merely informational by case law is growing. Marks that include such
wording must be refused because they do not identify the source of the goods or
services. Each section of this guide discusses a common category of
informational matter and covers case law, analysis, and possible response
options. This guidance is intended to promote consistency by clarifying
examination policies and procedures.
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