Let’s all hope that the Supplemental Trademark Register is not on the death watch.

It appears though to be on life support, at times, and especially with the USPTO’s heightened focus on “merely informational” matter, including laudatory messages.

This is a common basis for registration refusal nowadays: “Merely informational matter fails to function as a

–Dan Kelly, Attorney

I recently spotted this bit in an ad flyer:

And it got me to thinking, what makes a fluorescent shoplight “high performance?”  Does American Fluorescent make a non-high performance shoplight, or just a regular performance shoplight?  If so, how is it advertised?

When it comes to laudatory terms, trademark law mirrors common