New examination guide is available for comment

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Trademark Alert


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.