TMEP 1202.16(c)(iii)(A): Model or Grade Designations with Arbitrary and/or Suggestive Matter

This is the October 2015 Edition of the TMEP

Previous: §1202.16(c)(iii) | Next: §1202.16(c)(iii)(B)

1202.16(c)(iii)(A)    Model or Grade Designations with Arbitrary and/or Suggestive Matter

Terms used as model or grade designations that are combined with arbitrary and/or suggestive matter are generally not refused registration under Trademark Act §§1, 2, and 45, if the additional matter imparts trademark significance to the mark as a whole. Generally, no disclaimer of a portion that is a model designation need be required (unless there is evidence of descriptive or generic usage) because the composite mark creates a single unitary commercial impression and there is no need to preserve the availability of the applicant’s model designation for others. However, the portion of a mark that is a grade designation must generally be disclaimed in cases where there is evidence of descriptive or generic use, to clarify the availability of the grade designation for use by others in the industry. Standard USPTO disclaimer practices would apply in such cases, including considerations of unitariness. See TMEP §§1213-1213.08(d).