[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Pages 33416-33417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16424]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-T-2009-0026]


Trademark Examination Guides 01-09 and 02-09 on Deceptiveness 
Refusals

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (``USPTO'' or 
``Office'') is publishing two Trademark Examination Guides (``Guides'') 
regarding deceptiveness refusals for non-geographic and geographic 
marks. These Guides, issued on May 11, 2009, are being published to 
give members of the public notice of them in addition to the notice 
already provided on the USPTO's Web site. Members of the public may 
submit comments regarding the Guides. Comments will be given 
consideration in connection with developing future examination guidance 
dealing with the subjects of the Guides.

ADDRESSES: The Office prefers that any comments be submitted via 
electronic mail message to <a href="/cdn-cgi/l/email-protection#cc98818a9e82a3b8a5afa9bf8cb9bfbcb8a3e2aba3ba"><span class="__cf_email__" data-cfemail="9aced7dcc8d4f5eef3f9ffe9daefe9eaeef5b4fdf5ec">[email protected]</span></a>. Written comments may 
also be submitted by mail addressed to: Commissioner for Trademarks, 
P.O. Box 1451, Alexandria, VA 22313-1451, marked to the attention of 
Cynthia C. Lynch; or by hand delivery to the Trademark Assistance 
Center, Concourse Level, James Madison Building--East Wing, 600 Dulany 
Street, Alexandria, Virginia, marked to the attention of Cynthia C. 
Lynch.
    The comments will be available for public inspection on the 
Office's Web site at http://www.uspto.gov and will also be available at 
the Office of the Commissioner for Trademarks, Madison East, Tenth 
Floor, 600 Dulany Street, Alexandria, Virginia. Because comments will 
be made available for public inspection, information that is not 
desired to be made public, such as an address or phone number, should 
not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy 
Commissioner for Trademark Examination Policy, by electronic mail at: 
<a href="/cdn-cgi/l/email-protection#eb8892859f83828ac58792858883ab9e989b9f84c58c849d"><span class="__cf_email__" data-cfemail="1073697e647879713e7c697e737850656360647f3e777f66">[email protected]</span></a>; or by mail addressed to: Commissioner for 
Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451, marked to the 
attention of Cynthia C. Lynch.

SUPPLEMENTARY INFORMATION: On May 11, 2009, the Office issued 
Examination Guides 01-09 and 02-09 regarding examination procedures for 
marks that may be deceptive under either section

[[Page 33417]]

2(a) or section 2(e)(3). Section 2(a) of the Trademark Act, 15 U.S.C. 
1052(a), prohibits, inter alia, the registration of deceptive matter. 
Section 2(e)(3) of the Trademark Act, 15 U.S.C. 1052(e)(3), prohibits 
the registration of primarily geographically deceptively misdescriptive 
marks. Each Guide reviews and discusses case law regarding: (1) The 
elements of the refusal; (2) evidentiary issues with respect to the 
refusal; and (3) procedures for issuing refusals. The Guides may be 
found on the Office's Web site at: http://www.uspto.gov/web/offices/tac/notices/notices.htm.
    The purpose of these Guides is to promote consistency in 
examination and to provide guidance to examining attorneys regarding 
when deceptiveness refusals must be issued. These Guides do not 
constitute substantive rulemaking and hence do not have the force and 
effect of law. They have been developed as a matter of internal Office 
management and are not intended to create any right or benefit, 
substantive or procedural, enforceable by any party against the Office. 
To the extent that earlier guidance from the Office, including certain 
sections of the Trademark Manual of Examining Procedure (TMEP), 5th 
edition, is inconsistent with the guidance set forth in the Guides, 
Office personnel are to follow the Guides. The next revision of the 
TMEP will be updated accordingly.
    Any member of the public may submit written comments on either or 
both of the Guides. The Office will consider any comments received in 
connection with developing future examination guidance dealing with the 
subjects of the Guides. Persons submitting comments should note that 
the USPTO does not plan to provide a response to or analysis of any 
comments, as these Guides are not notices of proposed rulemaking.

    Dated: July 6, 2009.
John J. Doll,
Acting Under Secretary of Commerce for Intellectual Property and Acting 
Director of the United States Patent and Trademark Office.
[FR Doc. E9-16424 Filed 7-10-09; 8:45 am]
BILLING CODE 3510-16-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>