[E-trademarks] [EXT] Re: Trademarks for Full Names

[Alex Butterman]

That is my recollection as well and I was trained as an examiner 27 years ago. I think there was a case in the TTAB or CAFC decades that held that a full name does not have primary significance as a surname.

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of John Dugger via E-trademarks
Sent: Thursday, July 25, 2024 12:02 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: John Dugger <jedugger at gmail.com>; Michael Eshaghian <michael at meshiplaw.com>
Subject: [EXT] Re: [E-trademarks] Trademarks for Full Names

When I was an Examining Attorney, we were specifically told not to issue 2e4 refusals in those circumstances. The addition of the first name makes it more than primarily merely a surname.

All the best,

John

Sent from my iPhone


On Jul 25, 2024, at 11:55 AM, Crane, Susan via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:

Usually when the mark comprises a full name, you have to indicate whether it is a living person, and if so, whether you have consent, but I’ve never seen a 2(e)(4) refusal under those circumstances.

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

Wyndham Hotels & Resorts, Inc.
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M (973) 879-3420
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Michael Eshaghian via E-trademarks
Sent: Thursday, July 25, 2024 11:48 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Michael Eshaghian <michael at meshiplaw.com<mailto:michael at meshiplaw.com>>
Subject: [E-trademarks] Trademarks for Full Names

Hi all, I would appreciate any cases or other legal authority regarding registration of marks comprised of a full name, specifically analyzed under Section 2(e)(4) (primarily merely surname). TMEP 1211. 01(b) discusses surnames combined with
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Hi all,

I would appreciate any cases or other legal authority regarding registration of marks comprised of a full name, specifically analyzed under Section 2(e)(4) (primarily merely surname). TMEP 1211.01(b) discusses surnames combined with other matter, but there is no discussion about combination with first names, specifically.

Thank you,
Michael

Michael Eshaghian
Attorney

Mesh IP Law, PC
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(213) 357-5668 call & text
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