The USA Patent and Trademark Workplace has rejected the WordPress Basis’s functions for logos on the phrases “Managed WordPress” and “Hosted WordPress.” However WordPress isn’t strolling away simply but.
A ultimate Workplace motion refusing registration was issued by the US Patent and Trademark Workplace. The WordPress Basis has the choice to request a reconsideration, which is what they’ve executed. Additionally they have the choice to attraction the choice.
Closing Workplace Motion
The Trademark Workplace revealed the next discover for the “Hosted WordPress” trademark utility:
“A ultimate Workplace motion refusing registration has been despatched (issued) as a result of the applicant neither happy nor overcame all necessities and/or refusals beforehand raised….
SUMMARY OF ISSUES MADE FINAL that applicant should handle:
• 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 might 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
Description Of Items And Companies Obscure And Overly Broad
The USPTO additionally discovered that the WordPress Basis’s description of products and companies is just too imprecise and overly broad, particularly relating to the phrase “web site growth 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 instructed acceptable wording that they will undertake, so long as it precisely displays what they supply.
Response To Managed WordPress Trademark Software
The Trademark Workplace additionally issued the next response for the trademark utility 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 might 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 constant its efforts to acquire logos for each “Managed WordPress” and “Hosted WordPress.” It has filed a Request for Reconsideration after Closing Motion for every trademark utility, which asks the USPTO to rethink its refusals primarily based on amendments, arguments, or proof. These requests are a ultimate procedural step earlier than an attraction, though they aren’t themselves appeals.
