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Marks Containing The Phonetic Equivalent of A Top Level Domain

Marks containing the phonetic equivalent of a TLD (e.g., XYZ DOTCOM) are treated in the same manner as marks composed of a regular TLD. If a disclaimer is necessary, the disclaimer must be in the form of the regular TLD and not the phonetic equivalent. See TMEP §1213.09(c).

Example : The mark is INEXPENSIVE RESTAURANTS DOT COM for
providing information about restaurants by means of a global computer network.
Registration should be refused because the mark is merely descriptive of the
services under Trademark Act §2(e)(1), 15 U.S.C. §1052(e)(1).
Example : The mark is XYZ DOTCOM. The applicant must disclaim the
TLD “.COM” rather than the phonetic equivalent “DOTCOM.”

Last Modified: March 23rd, 2010