[E-trademarks] specimen question

[Daniel Kegan]

 same composite specimen support a separate application for just the design element (without the words)?
If the design makes a “distinct commercial impression”, without “mutilation” of the specimen.
Often possible, unless the text is so integrated into the design.
Some cases evaluate a design as dominant over the text, as a general rule


Daniel Kegan *  847-452-2599
Baron Harris Healey, Of Counsel
<DKegan at BHHLawFirm.com>
<http://www.BHHLawFirm.com>
Balanced Counsel for Smart Clients®
29 Kendal Dr
Kennett Square PA 19348-2323 USA

On Jan 17, 2024, at 6:11 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?
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