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Q13.How can an applicant respond to a rejection for lack of distinctiveness?

Q13.How can an applicant respond to a rejection for lack of distinctiveness?

A13.The applicant can argue against the specific grounds cited by the Examiner. For example, if the rejection states that the trademark merely indicates a “quality” of the designated goods or services, the applicant could attempt to argue that such an interpretation is not direct, or is not viewed in that manner in the particular trade in which use of the mark is intended, or to argue that the mark is not indicated in a common manner, especially if the trademark has a unique composition.