T.M.E.P. § 1215.10
Marks Containing the Phonetic Equivalent of a Top-Level Domain

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

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1215.10 Marks Containing the Phonetic Equivalent of a Top-Level Domain

Marks that contain the phonetic equivalent of a TLD (e.g., ABC DOTCOM) are treated in the same manner as marks composed of a TLD. If a disclaimer is necessary, the disclaimer must be in the form of the TLD and not the phonetic equivalent. See TMEP §1213.08(c) regarding disclaimer of misspelled words.

Example: The mark is INEXPENSIVE RESTAURANTS DOT COM for providing information about restaurants by means of a global computer network. Registration should be refused because the mark is merely descriptive of the services under 15 U.S.C. 1052(e)(1).

Example: The mark is ABC DOTCOM. The applicant must disclaim the TLD ".COM" rather than the phonetic equivalent "DOTCOM."