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TOPIC: Acquired uniqueness
#7056
Jacob (User)
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Acquired uniqueness 7 Years, 8 Months ago Karma: 2  
Has anyone ever made a claim for acquired uniqueness and won? Any hints or is there some reference material you could care to share on how to prove acquired uniqueness?
 
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#7071
wwalla (User)
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Re:Acquired uniqueness 7 Years, 8 Months ago Karma: 0  
In order to prove "acquired distinctiveness" as per Section 2(f) of the Trademark Act 15 USC Section 1052(f), you will need to show:

1. A claim of ownership by one or more prior registrants that the mark and words are principally the same to our pending registration.

2. A statement verified by the applicant that the relevant portion of the mark has become distinctive by reason of substantially exclusive and continuous use in commerce by the applicant for the 5 years before the date when the claim of distinctiveness is made.

3. Actual evidence of acquired distinctiveness of the relevant portion of the mark (whatever that means).
 
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#7083
Kash (User)
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Re:Acquired uniqueness 7 Years, 8 Months ago Karma: 1  
Can you use organic search results to show acquired distinctiveness? Say that a google search shows that a phrase which you are trying to trademark is within the top 5 organic search results, would that be considered to be actual evidence of acquired distinctiveness?
 
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#7110
Kash (User)
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Re:Acquired uniqueness 7 Years, 7 Months ago Karma: 1  
One more note. Even if you make a claim for acquired uniqueness and the reviewing attorney denies the claim, you will have another 6 months to respond to the information requests and supply the needed information. So, even if you dont know what to submit, you can make the claim, submit something and wait for a response and direction from the USPTO
 
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#7118
Lex (User)
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Re:Acquired uniqueness 7 Years, 7 Months ago Karma: 0  
 
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