Legal Question in Intellectual Property in New York

Re: USPTO trademark refusal

The Trademark Office will reject a proposed mark that is primarily merely a surname. Your posting is too incomplete and one would have to review the specific office action to get a better sense as to how to proceed. It would otherwise be difficult to advise you. If you look up the case you cited you will find information on how the office goes about this process.

Re: USPTO trademark refusal

You shouldn't be hurt - but this is an example of why trademark attorneys make their money. While we can't guarantee that the USPTO will accept any given registration, it's usually possible to craft an argument that will allow them to grant a registration, even when the proposed mark includes a name.

Laypersons often find the regulations confusing, and find it difficult to deal with preliminary objections, much less substantive refusals. However, if you have not allowed six months to go by after your refusal, it may still be possible to rescue your application without starting over.

Feel free to get in touch if you'd like to discuss the matter further.

Re: USPTO trademark refusal

This is a matter where you should ABSOLUTELY consult an attorney as thel aw is very complex and filled with potential pitfalls... Feel free to contact my office for further assistance on this matter, whether by phone or email. 2127098303