May 2021 2 121 Report
Trademark question about color descriptives?

I have received notice from the USPTO that I have to agree to a disclaimer that part of my trademark name can't be protected because of geographical and color descriptives. However, I am not really claiming color as a feature of the mark. I can use the color green in the mark, but I don't have to.

One of the descriptive words is USA and the other is GREEN. Obviously, the color green can apply to many things such as money, even turf or grass, one can be green with envy, or green (niave or inexperienced, but most everyone today understands "green" to be association with the Green party concerned with the welfare of the environment the latter being a political ideology that does use the color green, but does not have to use the color green in order to convey its meaning.

Couldn't I disclaim the exclusive right to use USA apart from the mark as shown, as well as claiming that color is not claimed as a feature of the mark?

I will probably have to get an attorney to do this for me, but I'd like to hear from others first before spending the money to hire one to appeal the decision/disclaimer. What success would I likely have with this argument?

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