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ARTICLE · 18 DECEMBER 2020

TTABlog Test: Does "HELP THE PERSECUTED" Fail To Function As A Mark For Charitable Fundraising Services?

Wolf Greenfield & Sacks
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The USPTO refused registration of the proposed mark HELP THE PERSECUTED (in standard character form), concluding that it fails to function as a source indicator...

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused registration of the proposed mark HELP THE PERSECUTED (in standard character form), concluding that it fails to function as a source indicator for "charitable fundraising services." Examining Attorney Tara L. Bhupathi maintained that the phrase is an informational message commonly used in the marketplace and in applicant's particular trade or industry. Applicant contended that, inter alia,  HELP THE PERSECUTED functions as a trademark similar to other "HELP THE..." marks (like HELP THE AFGHAN CHILDREN) that have been registered by the Office. How do you think this appeal turned out?  In re Help the Persecuted, Inc., Serial No. 88323799 (December 15, 2020) [not precedential] (Opinion by Judge George C. Pologeorgis). 

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