[E-trademarks] OA requiring change to the stock IDM description?
Rachael Dickson
rachael at catalyticlaw.com
Fri Apr 4 16:45:00 UTC 2025
It happens! It's common enough that it's specifically addressed in the TMEP
under TMEP §1402.04 - Acceptable Identification of Goods and Services Manual
"Although the ID Manual includes entries that are acceptable as written,
the examining attorney may require an amendment to an otherwise definite
identification in certain circumstances. See, e.g., TMEP §§1203.02(e)(ii)
and 1401.07."
The cited TMEP sections are 1401.07- Specimen Discloses Special
Characteristics and 1203.02(e)(ii) - When It is Not Clear Whether the Mark
is Misdescriptive.
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Rachael Dickson (she/her)
Trademark Attorney | *Catalytic Law*
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On Fri, Apr 4, 2025 at 12:34 PM Bosland Law via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:
> Listmates,
>
> Nothing to fix here; we got it worked out, but I'm just wondering how
> common this is.
>
> My EA was perfectly sweet about the whole thing, but the suggested
> change to the IDM description was not in the variable part, it was in the
> stock IDM part. Ultimately I was allowed to skip the requested change to
> the language if it made me more comfortable. Yes, it makes me more
> comfortable. The USPTO itself considers these to be "pre-approved
> descriptions <https://www.uspto.gov/trademarks/basics/goods-and-services>"
> of goods/services.
>
> As my professors on this list will attest "leaving well enough alone"
> is a gift David has yet to receive.
>
> How common is this?
>
>
> db
> --
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>
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