TMEP 1215.10: Marks Containing the Phonetic Equivalent of a Generic Top-Level Domain

This is the October 2015 Edition of the TMEP

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1215.10    Marks Containing the Phonetic Equivalent of a Generic Top-Level Domain

Marks that contain the phonetic equivalent of a non-source-identifying gTLD (e.g., ABC DOTCOM) are treated in the same manner as marks composed of the gTLD itself. If a disclaimer is necessary, the disclaimer must be in the form of the gTLD and not the phonetic equivalent. See TMEP §1213.08(c) regarding disclaimer of misspelled words.

Example: The mark is INEXPENSIVE RESTAURANTS DOT COM for providing information about restaurants by means of a global computer network. Registration must be refused because the mark is merely descriptive of the services under 15 U.S.C. §1052(e)(1).

Example: The mark is ABC DOTCOM. The applicant must disclaim the gTLD “.COM” rather than the phonetic equivalent “DOTCOM.”