TLD Indicators

The court did not read the PTO’s policy to include an absolute prohibition on the possibility that adding a TLD to a descriptive term could operate to create a distinctive mark.  Instead, the TMEP states that “TLD’s generally serve no source-indicating function, and their addition to an otherwise unregisterable mark typically cannot render it unregisterable.”  This language certainly leaves open the possibility that in unique circumstances a TLD could perform a source-indicating function.  (In re Oppedahl & Larson LLP, 71 USPQ2d 1370, CA FC, 6/25/04).

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