TMEP 1213.05(g)(iv): Unitary Marks with Design Elements Replacing Letters in Descriptive or Generic Wording

October 2017 Edition of the TMEP

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1213.05(g)(iv)    Unitary Marks with Design Elements Replacing Letters in Descriptive or Generic Wording

If literal and design elements in a mark are so merged together that they cannot be divided or regarded as separable elements, these elements may be considered unitary. For example, where the design element replacing a letter is merely one part of a larger design, the mark may be unitary, and no disclaimer of the descriptive or generic wording is required:

The words Cycle Customizing. The words are joined together, forming the shape of a motorcycle.
The word "metrobike." The words are joined together with the letters "o" and "b" forming the wheels of a bicycle and a design element forming the frame, handles, and seat.