Tuesday, January 30, 2007

2 More Press Releases

Surfing for trademark news shows two more trademark press releases.

The Associated Press sent over its wires the press release from the Lawrence County Tourist Promotion Agency's release regarding its FIREWORKS CAPITAL OF AMERICA mark. It is noted that the mark is registered on the Principal Register under Trademark Act Section 2(f), 15 U.S.C. §1052(f). That is, the mark has acquired distinctiveness or secondary meaning.

Actually, the Trademark Examining Attorney suggested that the mark be registered under 2(f).

Of course, the release contains some factual errors, such as "the Lawrence County Tourist Promotion Agency has obtained the trademark for the "Fireworks Capital of America" from the U.S. Trademark Office." You don't obtain trademark rights through registration. You get it through use. But I do like this quote from the agency's president, Robert Del Signore, "Our organization is extremely conscious of the obligation we have to promote the brand while maintaining the dignity it deserves."

The second press release is Benefit Informatics, Inc.'s registration for BENEFIT MANAGER. This mark is also registered under 2(f). The Trademark Examining Attorney rejected the application because it is merely descriptive of the services. After some argument, the applicant finally accepted registration under 2(f).


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