[E-trademarks] Primarily a Surname???

[Steve Zemanick]

I'd share the same concerns as I think the Office has become more aggressive in issuing surname refusals.  How about suggesting to the client to set up an LLC to own the application and then, if you are comfortable, having you sign the application as attorney so there are no traces of the surname on the application itself.  Yes, the founder of the LLC is discoverable, but not likely to be investigated IMHO.

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Miriam Richter, Esq. via E-trademarks
Sent: Tuesday, February 25, 2025 7:34 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Miriam Richter, Esq. <mrichter at richtertrademarks.com>
Subject: [E-trademarks] Primarily a Surname???

All,

I have a client with an uncommon surname who wants to register a mark using his surname. There are five other marks on the register that have passed muster as not primarily a surname because it is rare, but I'm very leery of filing it since it will sort of be in right in the Examiner's face.

Any thoughts?

Best,
Miriam

Miriam Richter, Attorney at Law, P.L.
Make Your Mark! (r)
Trademark, Copyright, and other Intellectual Property Matters
2312 Wilton Drive, Suite 9
Wilton Manors, Florida 33305

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