[E-trademarks] seeking billing software suggestions

[Dale Quisenberry]

My experience is the same as yours, Vic.  I think your specimen is good.  I’ve used similar specimens before without a problem.

Best regards,

Dale

C. Dale Quisenberry
Quisenberry Law PLLC
832.680.1000

Sent from my iPhone

On Nov 30, 2024, at 4:17 PM, Vic Indiano via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:


Re; Specimens.

I recently received rejection of specimens that I submitted that I struck me as odd, since I have never received a rejection of specimens on this basis before, although I have submitted many similar specimens.

Hypothetically, the trademark is for the term Fast Flush in the standard character format

The specimen that I submitted showed the mark in a logo form and appeared as follows:

<1733004276092blob.jpg>
The reason for the rejection was that it did not show the mark Fast Flush that was sought to be registered. Rather, the examiner believed that the mark that was shown was

Fast Flush Plumbing and HVAC

This struck me as strange, as I have never had a specimen rejected that showed of the mark adjacent to a generic descriptor.

Is the trademark examiner's rejection legitimate? Or is in fact the specimen not a proper showing of the mark?

When I followed up with the examiner by presenting other specimens for her to review, she made another interesting comment.

Some of the new specimens show the term Fast Flush, whereas others showed the term Faster Flush.

I can understand that the use of the term Faster Flush in the specimens does not show use of the term. However, her comment was that the specimens as a group were not good because the mark was used inconsistently in different specimens.

To my knowledge, there is no requirement that a trademark be used  in a consistent manner, so long as it is being used in the manner for which an application is sought somewhere.

Again, do you believe the examiner to be correct in her assertion, or a she off base.

Any thoughts and help are most welcome.

Vic Indiano


The Indiano Law Group, LLC



E. Victor Indiano

9795 Crosspoint Blvd. Suite 185

Indianapolis, IN 46256

Direct Phone:317-927-8465

E-Mail Vic at IM-iplaw.com

www.indyiplaw.com<http://www.indyiplaw.com/>

www.im-iplaw.com<http://www.im-iplaw.com/>

<http://www.im-iplaw.com/>
Indiano Law Group, LLC | Indianapolis Intellectual Property Lawyers

Indiano Law Group, LLC, is a boutique litigation firm in Indianapolis providing patent and intellectual property...





[X]





<1733004276092blob.jpg>
--
E-trademarks mailing list
E-trademarks at oppedahl-lists.com
http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20241201/2b864e04/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: 1733004276092blob.jpg
Type: image/png
Size: 2024 bytes
Desc: 1733004276092blob.jpg
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20241201/2b864e04/attachment.png>