America Patent and Trademark Workplace has rejected the WordPress Basis’s functions for emblems on the phrases “Managed WordPress” and “Hosted WordPress.” However WordPress isn’t strolling away simply but.
The Trademark Workplace printed the next discover for the “Hosted WordPress” trademark software:
“A closing 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 deal with:
• Disclaimer Requirement
• Identification of Items and Companies
• 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, perform, function, function, or use of applicant’s items and companies….
Applicant could reply by submitting a disclaimer within the following format: No declare is made to the unique proper to make use of ‘MANAGED’ other than the mark as proven.”
Screenshot of Doc Shut-Up
The USPTO additionally discovered that the WordPress Basis’s description of products and companies is just 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 supplied as on-line companies (Class 42). The USPTO urged acceptable wording that they’ll undertake, so long as it precisely displays what they supply.
The Trademark Workplace additionally issued the next response for the trademark software 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, perform, function, function, or use of applicant’s items and companies…. Applicant could reply by submitting a disclaimer within the following format:
No declare is made to the unique proper to make use of ‘MANAGED’ other than the mark as proven.”
The Course of Is Not Over
The WordPress Basis is continuous its efforts to acquire emblems for each “Managed WordPress” and “Hosted WordPress.” It has filed a Request for Reconsideration after Last Motion for every trademark software, which asks the USPTO to rethink its refusals based mostly on amendments, arguments, or proof. These requests are a closing procedural step earlier than an enchantment, though they aren’t themselves appeals.
