[E-trademarks] RFI/Meaning of Disclaimed Element?

[Greg William]

Somehow, this is a new one for me.  Hypo: the applied-for mark contains a
word in another language, which is descriptive of the goods and which is
the name the "thing."  There's no English translation/meaning (we'd call it
the same thing in English).

The Examiner required a disclaimer of the term due to the foregoing (and
cited evidence), but also required a statement as to whether the term has
any meaning in a foreign language.  The office action indicates that, if
there is no meaning, the proper statement is "the wording '____' has no
meaning in a foreign language."

Of course, this isn't correct - the term *does* have a meaning in a foreign
language, it's just that there's no English translation for it.  So, do you
respond by saying there is a meaning, but use circular language, *i.e.,*
"The English translation of 'TREE' in the mark is 'TREE'"?

TIA,
Greg

Gregory S. William, Esq.*
Danielson Legal LLC
One Mifflin Place, Suite 400
Cambridge, MA 02138
w: www.danielsonlegal.com
e: greg at danielsonlegal.com
t: (617) 714-9579
direct: (508) 865-2204
f: (888) 742-8097

*Licensed to practice in Massachusetts

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