Legal Question in Intellectual Property in New York
Trademark ''naked consent''
We received the following refusal. Can you please advise what a proper agreement should look/consist of to get approved?
Thank you.
The consent agreement submitted is considered a �naked consent� and thus is not acceptable to obviate a likelihood of confusion refusal because it does not set forth reasons why the parties believe there is no likelihood of confusion, nor does it set forth the arrangements undertaken by the parties to avoid confusing the public. In re Permagrain Products, Inc., 223 USPQ 147 (TTAB 1984) (consent agreement found to be �naked� because the agreement did not restrict the markets in such a way as to avoid confusion). Moreover, registrant merely provides permission for applicant to use the mark, and does not provide consent to applicant to register the mark.
If applicant wishes to submit a proper consent agreement from the registrant consenting to the registration of the mark, this refusal will be reconsidered. Please note that consent agreements are but one factor to be taken into account with all of the other relevant circumstances bearing on the likelihood of confusion referred to in �2(d). In re N.A.D. Inc., 754 F.2d 996, 224 USPQ 969, 971 (Fed. Cir. 1985); TMEP �1207.01(d)(viii).
3 Answers from Attorneys
Re: Trademark ''naked consent''
You may wish to retain an attorney experienced in trademark law to handle this type of matter. It is difficult to recommend an appropriate course of action based upon the limited information provided, since there are several factors that the trademark office will be looking at when evaluating a trademark for registration. Please contact my office if we may be of any assistance to you.
Re: Trademark ''naked consent''
You may wish to retain an attorney experienced in trademark law to handle this type of matter. It is difficult to recommend an appropriate course of action based upon the limited information provided, since there are several factors that the trademark office will be looking at when evaluating a trademark for registration. Please contact my office if we may be of any assistance to you.
Re: Trademark ''naked consent''
As the previous poster suggested, it's impossible to tell what the basis of the objection is without reviewing the papers.
The examiners of the USPTO are generally fair and quite thorough in their examination of an application. Negotiating the trademark process can be quite difficult - which is one reason why trademark attorneys are in demand.
We handle Trademark matters on a flat fee. If we can be of help, please feel free to get in touch.
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