[E-trademarks] specimen question

[Crane, Susan]

If the design portion creates a separate and distinct commercial impression, yes.

See TMEP 807.12(d).

Susan L. Crane
Group Vice President, Legal
Intellectual Property, Brands & Marketing

Wyndham Hotels & Resorts, Inc.
22 Sylvan Way
Parsippany, NJ 07054
O (973) 753-6455
M (973) 879-3420
Susan.Crane at wyndham.Com

On Jan 17, 2024, at 6:14 AM, Carl Oppedahl via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:


a listserv member asks to post anonymously ...

I understand that a proper specimen of use for a composite mark (words + design element) can likewise support a separate, standard character word mark application for just the “word” portion of the composite mark (let’s assume for goods).

But can the same composite specimen support a separate application for just the design element (without the words)?  Or does the specimen have to show the design element on the packaging for the goods by itself without the words?
--
E-trademarks mailing list
E-trademarks at oppedahl-lists.com
http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
This email message (including all attachments) is for the sole use of the intended recipient(s) and may contain confidential information. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Unless otherwise indicated in the body of this email, nothing in this communication is intended to operate as an electronic signature and this transmission cannot be used to form, document, or authenticate a contract. Wyndham Hotels and Resorts and/or its affiliates may monitor all incoming and outgoing email communications in the United States, including the content of emails and attachments, for security, legal compliance, training, quality assurance and other purposes.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20240117/776698b0/attachment.htm>