TMEP 808.03(c)(ii): Accurate but Incomplete Descriptions in Cases Where a Description Need Not Be Printed

October 2017 Edition of the TMEP

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808.03(c)(ii)    Accurate but Incomplete Descriptions in Cases Where a Description Need Not Be Printed

Alternatively, if the examining attorney determines that the description need not be printed, the examining attorney need not require the applicant to amend or withdraw an incomplete or inartfully worded description, so long as the description does not misdescribe those elements of the mark addressed in the description.  In such a case, although the incomplete description remains part of the application record, it must not be printed in the Official Gazette and on the certificate of registration.  The examining attorney must follow the procedure described in TMEP §808.03 for descriptions provided by the applicant that need not be printed.

The following are examples of accurate but incomplete descriptions where a description need not be printed:

Design comprising a dog with the wording 'Happy Yappers' represented in stylized font underneath.

The mark consists of a dog design.

Note: This description is incomplete because it does not include the wording in the mark. Unless it is amended to be complete, the description must not be printed in the Official Gazette and on the certificate of registration because it is not necessary to clarify the proposed mark.

Design comprising the words ‘sushi sushi’ represented in stylized font.

The mark consists of the word "SUSHI" represented in stylized font.

Note: This description is incomplete because it does not include the second "SUSHI". Unless it is amended to be complete, the description must not be printed.