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Mailed: THIS OPINION IS NOT CITABLE AS PRECEDENT OF THE - uspto

Mailed: THIS OPINION IS NOT CITABLE AS PRECEDENT OF THE - uspto 2025

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The document is an opinion from the Trademark Trial and Appeal Board regarding Wal-Mart Stores, Inc.'s application to register the mark 'EXPERT GARDENER' for watering devices and grass seed. The Board affirms the Trademark Examining Attorney's refusal to register the mark, concluding that it is merely descriptive of the goods as it identifies a class of gardeners. The decision emphasizes that terms naming intended users or describing significant attributes of goods are not eligible for trademark protection.

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Click ‘Get Form’ to open it in the editor.
Review the introductory section, which outlines the case details including the applicant's name and the trademark in question. Ensure you understand the context before proceeding.
Fill in any required fields related to your information if applicable. This may include sections for comments or additional notes regarding your understanding of the opinion.
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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Why would a trademark application be suspended?

The most common reason USPTO examiners send trademark suspension letters is that the examining attorney performed a search of USPTOs database, and found a prior-filed pending application with a similar mark that could bar registration of the mark on the application in question.

What are the absolute grounds for refusal of registration?

These grounds are based on the principle that a trademark should not be registered if it lacks the necessary distinctiveness, is descriptive or generic, or is contrary to public policy or morality.

What is an office action from the Uspto?

An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal problems with your chosen trademark, as well as with the application itself. You must resolve all legal problems in the office action before we can register your trademark.

What are some of the reasons that the USPTO may give in denying an application for trademark registration of a website?

A mark will be refused as primarily geographically deceptively misdescriptive if: (1) the primary significance of the mark is a generally known geographic location; (2) purchasers would be likely to think that the goods or services originate in the geographic place identified in the mark, i.e., purchasers would make a

What is the procedure for an applicant to appeal the decision of the Uspto in denying a patent application?

Under 37 CFR 41.31(a)(1), an applicant for a patent dissatisfied with the primary examiners decision in the second or subsequent rejection of the applicants claims may appeal to the Board for review of the examiners rejection by filing a notice of appeal and the required fee set forth in 37 CFR 41.20(b)(1) within

What are some of the reasons that the USPTO may give in denying an application for trademark registration?

Common Grounds for Refusal of a Trademark Likelihood of Confusion. Merely Descriptive and Deceptively Misdescriptive. Primarily Geographically Descriptive and Primarily Geographically Deceptively Misdescriptive. Primarily Merely a Surname. Ornamentation.

Can the USPTO deny a trademark?

After filing, the USPTO will conduct a search and will refuse to register your mark if there is another registered or pending mark similar to yours. Is registration of my mark guaranteed? No. The examining attorney will review the application and may issue refusals based on the Trademark Act of 1946, 15 U.S.C.

How do I change the name on my USPTO patent assignment?

Change of Owner (Assignment) and Change of Owner Name The original owner should record the assignment or name change with the USPTOs Assignment Recordation Branch by going to Assignment Center and filing a Recordation Cover Sheet along with a copy of the actual assignment or proof of name change.

Mailed: THIS OPINION IS NOT CITABLE AS PRECEDENT OF THE - uspto 2025

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