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Entertainment and Sports Law Intellectual Property Trademarks

How Energy Drink’s “Purple Rain” Trademark Application Was Rejected

Despite the fact that the trademark manual of examining procedure (TMEP) are readily available and searchable online, there are still a large number of applications that trademark examiners and judges must reject because the application does not conform to one or more conditions set forth in the Lanham Act or TMEP.

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At the U.S. Patent & Trademark Office (USPTO), the trademark examining attorneys and administrative judges of the Trademark Trial and Appeal Board (TTAB) are tasked with reviewing trademark applications to ensure that they are in good form and that the applied-for mark is eligible for federal trademark registration. Examiners and judges are guided in their review by several policies including the Lanham Act, 15 U.S.C. §1051 et seq., the federal statute governing trademark law in the United States and the USPTO’s trademark rules of practice and trademark manual of examining procedure or TMEP, among others.

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