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Exam Guide 2-17, "Merely Informational Matter," is now
available on the Trademark
Examination Guides page, along with our response to public comments on an
earlier draft of the guide.
The guide clarifies the policies and procedures for
examining certain types of proposed marks that consumers would view as merely
communicating information other than the source of goods/services and thus
fail to function as marks.
To help in determining whether a proposed mark functions as
a mark, the guide:
- Creates categories
for some types of matter that may be considered merely informational
- Sets forth
relevant case law
- Identifies
when an examining attorney must refuse registration or require a
disclaimer
- Discusses an
applicant’s response options
- Provides over
20 pages of examples illustrating the concepts covered
This new exam guide supplements the current policies and
procedures set out in Trademark Manual of Examining Procedure (TMEP) §1202.04.
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