In response to a , I recently filed a Request for Reconsideration in an attempt to keep the dream alive for GPB.ÃÂ After a finalÃÂ Office Action, a trademark applicant canÃÂ appeal the decision or file a Request for Reconsideration raising a new issue.
My Request for Reconsideration raised theÃÂ new issue of acquired distinctiveness.ÃÂ Acquired distinctiveness is a trademark law conceptÃÂ which means that the mark, though it may not be inherently distinctive enough for trademark protection, has become sufficiently distinctive through use so that consumers have come toÃÂ recognize it as a source identifier forÃÂ the goods or services.
FortunatelyÃÂ the trademark rules allow applicants to argue acquired distinctiveness in the alternative, so I did not have to concede that the GREEN PATENT BLOG mark is merely descriptive of the services provided.ÃÂ Instead, I maintained myÃÂ position that the mark is not merely descriptive and added the acquired distinctiveness argument.
Specifically,ÃÂ I argued that readers of Green Patent Blog have come to recognize the mark as an identifierÃÂ of my blogging services.ÃÂ I used both indirect evidence,ÃÂ such asÃÂ other blog and media mentions listingÃÂ me as the author ofÃÂ Green Patent Blog, and direct evidence consisting of e-mails from readers saying that they identify me as the source of the clean tech IP blogging services (a big thank you to all the readers who helped me in this regard!).
If the examining attorney buys my argument and supporting evidence on acquired distinctiveness, the GREEN PATENT BLOG mark will be published for opposition, and then registered if nobody opposes.ÃÂ Otherwise, I’ll get another office action and have to take it from there.