Analysis

USPTO Update Brings Consistency To Genericness Standard

By Tiffany Hu (May 24, 2022, 8:28 PM EDT) -- The U.S. Patent and Trademark Office has updated its standard for rejecting trademarks that are deemed generic, a move that attorneys say will bring more consistency to trademark proceedings but also will require applicants to prepare to defend against genericness findings earlier on.

The USPTO will no longer use the term "clear evidence" to refer to the evidentiary standard that the agency's examining attorneys must meet to support their decisions to refuse applications for trademarks that are deemed generic, the agency said in an examination guide published Monday.

Instead, the standard for examining attorneys to show a prima facie case of...

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