I have an overall issue with figurative marks when it comes to domain names. Seems to me that the trademark holder intentionally selected a figurative element. Understanding that domains are not figurative i remain puzzled that figurative are even included. The entire purpose of the TMCH was to provide a clear and recognizable registry. This purpose is frustrated to the extent that the underlying mark requires any form of subjective analysis. This, because figurative marks by definition require subjective analysis (what is the text aspect), logic dictates they be excluded. And even if included, While i understand the comment below, it is important that such marks be registered for exact matches only. Sent from my iPad
On 5 Jul 2017, at 17:17, Winterfeldt, Brian J. <BWinterfeldt@mayerbrown.com> wrote:
We have consistently asserted in this working group that only marks where all textual elements are disclaimed should be excluded from the Clearinghouse.