TMEP 1213.05(g)(ii): Marks with Merely Descriptive or Primarily Geographically Descriptive Designs Replacing Letters within Descriptive or Primarily Geographically Descriptive Wording

October 2017 Edition of the TMEP

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1213.05(g)(ii)    Marks with Merely Descriptive or Primarily Geographically Descriptive Designs Replacing Letters within Descriptive or Primarily Geographically Descriptive Wording

If the design that replaces a letter within descriptive or primarily geographically descriptive wording is itself merely descriptive or primarily geographically descriptive, or is otherwise nondistinctive, the examining attorney must require the applicant to amend to the Supplemental Register or seek registration on the Principal Register under §2(f) and to disclaim any generic wording. For example:

The words National Bankers Association. The letter "S" in each word is represented by the dollar sign.

Disclaim "BANKERS ASSOCIATION" on Principal Register under §2(f) or on Supplemental Register

The words Connecticut Builders Association. The "O" in Connecticut is represented by a shaded image in the shape of the state of Connecticut.

Disclaim "BUILDERS ASSOCIATION" on Principal Register under §2(f) or on Supplemental Register

The words National Check Cashers. The last letter "S" in the word Cashers is represented by the dollar sign.

Disclaim "CHECK CASHERS" on Principal Register under §2(f) or on Supplemental Register