TMEP 1213.05(g)(iii): Marks with Accurate Pictorial Representations Replacing Letters in Merely Descriptive and Primarily Geographically Descriptive Marks

This is the October 2015 Edition of the TMEP

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1213.05(g)(iii)    Marks with Accurate Pictorial Representations Replacing Letters in Merely Descriptive and Primarily Geographically Descriptive Marks

If the mark is otherwise merely descriptive or primarily geographically descriptive, and the design replacing a letter is an accurate pictorial representation of generic, merely descriptive, or geographically descriptive matter, the examining attorney must require the applicant to amend to the Supplemental Register or seek registration on the Principal Register under Trademark Act §2(f). The applicant must disclaim any generic wording or any accurate pictorial representation of generic matter. For example:

The words Best Soccer Balls. The letter "O" in soccer is represented by the image of a soccer ball.

Disclaim “SOCCER BALLS” and the pictorial representation of the soccer ball on the Principal Register under §2(f) or on the Supplemental Register