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Fixed Price: Less than $500   |  Posted: Apr 03, 2011  |  Closed  |   5 Proposals
I want a price on the response to a non final office action from the trademark board by an attorney. "The specimen is not acceptable because it consists of advertising material for goods. Trademark Act Section 45 requires use of the mark “on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto.” 15 U.S.C. ?§1127; see 37 C.F.R. ?§2.56(b)(1); TMEP ?§?§904.03, 904.04(b), (c). Material that functions merely to tell prospective purchasers about the goods, or to promote the sale of the goods, is not acceptable to show trademark use. TMEP ?§904.04(b). Leaflets, handbills, brochures, advertising circulars and other printed advertising material, while normally acceptable for showing use in connection with services, generally are not acceptable specimens for showing trademark use in connection with goods. See In re MediaShare Corp., 43 USPQ2d 1304, 1307 (TTAB 1997); In re Schiapparelli Searle, 26 USP...
Category: Patent, Copyright and...       

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