PTO makes genericness refusals for marks more likely

Description

Abstract: The U.S. Patent and Trademark Office (PTO) recently issued Examination Guide 1-22, “Clarification of Examination Evidentiary Standard for Marks Refused as Generic.” In it, the PTO clarifies its previous position on the evidentiary burden when a trademark examining attorney seeks to refuse to register a mark in the Principal or Supplemental Register because the mark is generic. This article briefly explains the new standard, which diverges from longstanding practice. Examination Guide 1-22, “Clarification of Examination Evidentiary Standard for Marks Refused as Generic.”