When is it permissible to use a trademark or trade name in a patent application?

According to MPEP 608.01(v), a trademark, service mark, collective mark, certification mark, or trade name may be used in a patent application to identify an article, product, service, or organization if:

• (A) its meaning is established by an accompanying definition in the specification which is sufficiently descriptive, enabling, precise and definite such that a claim including the mark or trade name complies with the requirements of 35 U.S.C. 112, or
• (B) its meaning is well-known to one skilled in the relevant art and is satisfactorily defined in the literature.

It’s important to note that these conditions must be met at the time of filing the complete application. The MPEP also states that If the product, service, or organization to which a mark refers is set forth in such language that its identity is clear, examiners are authorized to permit the use of the mark if it is distinguished from common descriptive nouns by capitalization.

To learn more:

• Trademark
• Trade Name
• Patent Application
• MPEP Guidelines