Quick Question about TM...

[PeterMan]

I am looking up a term on the USPTO site and I see this in the Summary of Final Decisions Issued by the TTAB under Type of Case:

- Refusal Affirmed

Does that mean that the term is not trademarked?

:?:

 

[PeterMan]

:?:

 

[Theo]

It means there has been a refusal but the case has not been appealed yet.

 

[Gerry]

Right, someone tried to register an item for TM but is was not granted on some grounds. Without specifics, it is hard to tell what or why it was not granted.

Their site should also have a glossary of terms. Good luck finding that. It's a government site so naturally it will be difficult as hell to navigate, hard to find anything, forget about any support, and essentially you are on your own trying to figure things out.

 

[DNQuest.com]

It means the registration application was denied, but it does not mean that there is not a common law TM. The USPTO is for registered marks. There is a difference.

 

[jberryhill]

Both the entire text of the TTAB decision and the Examining Attorney's final refusal are available online.

Check the TDR tab on the TM record. Then check the TTAB files on the main trademark menu.

If the application was refused on grounds of descriptiveness or genericness, then there is likely no common law claim either.

The Trademark Trial and Appeal Board is the internal appeal mechanism of the USPTO. One can appeal one's way out of the USPTO and up to the Supreme Court, but it is an uphill battle as the USPTO is presumed to have competence in its own subject matter.

 

[PeterMan]

Thanks guys, great information!