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Jun 02, 2022 (Newsletter Issue 7/22)
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New Guide Clarifying Examination Evidentiary Standard for Marks Refused as Generic

The United States Patent and Trademark Office (USPTO) issued a new examination guide titled ”Clarification of Examination Evidentiary Standard for Marks Refused as Generic”.

This update to the guidance clarifies USPTO’s terminology in the Trademark Manual for Examination Procedures (TMEP) regarding the examining attorney’s burden when making a genericness refusal. The guide also clarifies that the standard for an examining attorney to establish a prima facie case of genericness is the same as for other refusals, namely, there must be sufficient evidence to support a reasonable predicate for the refusal under the applicable legal standard.

To access the new guide, please click here or visit the USPTO’s Examination Guides webpage here