America Patent and Trademark Workplace has rejected the WordPress Basis’s functions for logos on the phrases “Managed WordPress” and “Hosted WordPress.” However WordPress isn’t strolling away simply but.
A ultimate Workplace motion refusing registration was issued by the US Patent and Trademark Workplace. The WordPress Basis has the choice to request a reconsideration, which is what they’ve carried out. In addition they have the choice to enchantment the choice.
Ultimate Workplace Motion
The Trademark Workplace printed the next discover for the “Hosted WordPress” trademark utility:
“A ultimate Workplace motion refusing registration has been despatched (issued) as a result of the applicant neither glad nor overcame all necessities and/or refusals beforehand raised….
SUMMARY OF ISSUES MADE FINAL that applicant should tackle:
• Disclaimer Requirement
• Identification of Items and Providers
• Applicant Domicile Requirement
DISCLAIMER REQUIREMENT Applicant should disclaim the wording ‘MANAGED’ as a result of it’s merely descriptive of an ingredient, high quality, attribute, operate, characteristic, function, or use of applicant’s items and providers….
Applicant could reply by submitting a disclaimer within the following format: No declare is made to the unique proper to make use of ‘MANAGED’ aside from the mark as proven.”
Screenshot of Doc Shut-Up
Description Of Items And Providers Imprecise And Overly Broad
The USPTO additionally discovered that the WordPress Basis’s description of products and providers is simply too obscure and overly broad, particularly concerning the phrase “web site improvement software program,” and asks them to make clear whether or not it’s downloadable (Class 9) or provided as on-line providers (Class 42). The USPTO advised acceptable wording that they’ll undertake, so long as it precisely displays what they supply.
Response To Managed WordPress Trademark Software
The Trademark Workplace additionally issued the next response for the trademark utility for Managed WordPress:
“DISCLAIMER REQUIREMENT
Applicant should disclaim the wording ‘MANAGED’ as a result of it’s merely descriptive of an ingredient, high quality, attribute, operate, characteristic, function, or use of applicant’s items and providers…. Applicant could reply by submitting a disclaimer within the following format:
No declare is made to the unique proper to make use of ‘MANAGED’ aside from the mark as proven.”
The Course of Is Not Over
The WordPress Basis is continuous its efforts to acquire logos for each “Managed WordPress” and “Hosted WordPress.” It has filed a Request for Reconsideration after Ultimate Motion for every trademark utility, which asks the USPTO to rethink its refusals based mostly on amendments, arguments, or proof. These requests are a ultimate procedural step earlier than an enchantment, though they don’t seem to be themselves appeals.
