Hi all:

For folks who are visual learners, we thought it might help to put together an infographic to supplement Mary’s glossary and help the WG conceptualize any consensus on the line drawn for entry into the TMCH.

It is meant to be an iterative infographic, so feel free to propose clarifications or changes. As we have stated in the past, we believe that all text marks should clearly be eligible for recordation within the TMCH, regardless of any stylization, font or figurative or design elements (so textual elements from the entire spectrum depicted above would be eligible); importantly, we also agree that any textual elements that have been disclaimed (specifically in stylized, composite / special form, or design marks) should not be eligible for recordation.

Incidentally, you will not find specific definitions for “design mark” within the TMEP, instead the terms “composite” and “special form” are used depending on the circumstance.

Thank you,

Brian

Brian J. Winterfeldt

Co-Head of Global Brand Management and Internet Practice

Mayer Brown LLP

bwinterfeldt@mayerbrown.com

1999 K Street, NW

Washington, DC 20006-1101

202.263.3284 direct dial

202.830.0330 fax

1221 Avenue of the Americas

New York, New York 10020-1001

212.506.2345 direct dial

This email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.