T.M.E.P. § 1402.09
Use of Marks Inappropriate in Identifications

Executive summary:

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1402.09 Use of Marks Inappropriate in Identifications

If a trademark or a service mark that is registered to an entity other than the applicant is used in the identification of goods or services, the examining attorney should require that it be deleted and that generic wording be substituted. It is inappropriate to use a registered mark to identify a kind of product or a service, because such a mark indicates origin in only one party and cannot be used to define goods that originate in a party other than the registrant. Camloc Fastener Corp. v. Grant, 119 USPQ 264 (TTAB 1958). In place of the mark, a generic term must be used.

However, an applicant may use its own registered mark in an identification of goods or services in its own application. The applicant should be careful to use the registered mark as an adjective and to follow it with the generic name of the goods or services offered under its mark. The words "applicant" or "registrant" should not appear in the identification of goods. Before registration, use of the term "registrant" is inaccurate, and, after registration, use of the term "applicant" is inaccurate.