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TTAB upheld three refusals to proposed mark registration
Active online presence For “Providing marketing consulting in the field of social media.” It was easy to affirm her two rejections at first, genericity and dysfunction. For the third reason, the Committee agreed that trial attorney Darryl M. Spruill rejected the proposed amendment to the service description for going beyond the original identification. In re Media Minefield, Inc.serial number 88395484 (December 14, 2022) [not precedential] (Opinion of Justice Peter W. Cataldo).
Filing a Notice of Appeal will have the effect of appealing any refusal or final requirement. However, if an applicant fails to make a claim made during prosecution, the Board may consider the claim waived. in short, “[a]The applicant’s failure to address the refusal or requirement in the appeal is grounds for confirming that the examiner refused registration on those grounds.
The denial of service description was nondisputable, but the Board exercised its discretion to determine the merits of the proposed amendments to the service description for the sake of completeness.
37 CFR § 2.71(a), 37 CFR § 2.71(a), provides that: Applicant sought to amend the service description to “Providing marketing consulting in the field of social media, i.e. providing and managing social media content for business executives.” The Examining Counsel issued a final Office Her Action denying the identification of the modified services as exceeding the scope originally filed.
The Board has received a judicial notice regarding the definitions of the words “marketing,” “consulting,” and “management.” The added term “management” extends beyond “marketing consulting,” which consists of providing professional advice to producers or distributors in the areas of advertising, shipping, storing and selling goods to consumers. pointed out to include management or authority.
We agree that specifying that our services are provided to “business executives” limits the scope of our original identification. However, adding “management” of social media content expands on the original content, as having or managing administrative control or authority falls outside the scope of “marketing consulting.” Therefore, the proposed amendment has been expanded and the rejection has been affirmed.
Therefore, all three denials were affirmed.
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