On April 22, 2015, the U.S. Patent and Trademark Office (“USPTO”) withdrew its refusal to register Allowance Manager, LLC’s (“Allowance Manager”) application to register the trademark ALLOWANCE CARD (U.S. Serial No. 85777520) withdrawing the refusal to register the trademark on the grounds that the trademark was generic for the services provided.
By way of history, Allowance Manager applied to register the trademark with the USPTO on or about November 12, 2012 on or in connection with “Issuing prepaid debit cards” in International Class 36. By Office Action dated March 7, 2013, the USPTO refused registration of the trademark on the grounds that it was merely descriptive. Subsequent to the initial refusal, the USPTO later changed its basis for not letting the trademark register to the more severe grounds that the trademark was, in fact, generic for the services provided and thus failed to function as a trademark completely.
Allowance Manager hired The Trademark Company to respond to the USPTO’s heightened refusal of its trademark application. Following the drafting and submission to the USPTO of arguments in support of registration the USPTO reversed its decision and, on the strength of the arguments contained in The Trademark Company’s Office Action Response, withdrew the generic refusal. The trademark has now been approved for publication, the next step in the registration process.
Required Ethics Disclaimer: As always, case results depend upon a variety of factors unique to each case. As such, this case result does not guarantee or predict a similar result in any future case.