TMEP 1212.05(c): Use "as a Mark"

October 2017 Edition of the TMEP

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1212.05(c)    Use "as a Mark"

The substantially exclusive and continuous use must be "as a mark." 15 U.S.C. §1052(f); see In re Craigmyle, 224 USPQ 791, 793 (TTAB 1984) (finding registrability under §2(f) not established by sales over a long period of time where there was no evidence that the subject matter had been used as a mark); In re Kwik Lok Corp., 217 USPQ 1245, 1248 (TTAB 1983) (holding declarations as to sales volume and advertising expenditures insufficient to establish acquired distinctiveness. "The significant missing element in appellant’s case is evidence persuasive of the fact that the subject matter has been used as a mark.").