TMEP 808.03(c)(i): Accurate but Incomplete Descriptions in Cases Where a Description Is Needed to Clarify the Mark and Must Be Printed

October 2017 Edition of the TMEP

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808.03(c)(i)    Accurate but Incomplete Descriptions in Cases Where a Description Is Needed to Clarify the Mark and Must Be Printed

If the examining attorney determines that a description must be printed in the Official Gazette and on the registration certificate because it is necessary to clarify the proposed mark, the examining attorney needs to ensure that the description accurately addresses all significant elements of the mark.  If the description is incomplete, the examining attorney must require amendment to ensure that the description is complete and accurate.  The amendment may be done by examiner’s amendment, with the prior approval of the applicant.

The following is an example of an accurate but incomplete description where a corrected description must be printed:

Design comprising a hot dog in a bun with face, hands and feet, wearing a grass skirt and grass hat with two beach umbrellas and two palm trees behind the hot dog.

The mark consists of a hot dog in a bun with face, hands and feet wearing a grass skirt and grass hat.

Note: This description is incomplete because it does not reference the two beach umbrellas and palm trees behind the hot dog. It must be completed and printed because it is necessary to clarify the mark.