TMEP 1202.16(c)(iii)(B): Model or Grade Designations with Descriptive, Generic, and/or Informational Matter

This is the October 2015 Edition of the TMEP

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1202.16(c)(iii)(B)    Model or Grade Designations with Descriptive, Generic, and/or Informational Matter

Terms used merely as model or grade designations that are combined with descriptive, generic, and/or informational matter are generally refused registration under Trademark Act §§1, 2, and 45 because this type of additional matter does not diminish the mark’s model or grade designation significance. In most instances involving model designations, claims of acquired distinctiveness under §2(f) and amendments to the Supplemental Register may be permissible. Additionally, in rare cases where there is no evidence of generic usage for grade designations, claims of acquired distinctiveness under §2(f) and amendments to the Supplemental Register may be permissible. In such cases, the examiner must consider standard USPTO disclaimer practice to determine whether a disclaimer of the generic and/or informational matter may be necessary. See TMEP §§1213-1213.08(d).