Merely descriptive
Web2 nov. 2016 · A term is merely descriptive pursuant to Section 2 (e) (1) if, when applied to the relevant goods/services, it immediately describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant goods/services. In re Abcor Development Corp., 588 F.2d 811, 200 U.S.P.Q. 214, 218 (C.C.P.A. 1978). WebMerely descriptive trademarks cannot be registered to the principal register but they can achieve registration on the supplemental register. There are ways, however, that such a brand identifier can graduate to the principal register. When attempting to register a descriptive term, a disclaimer is common.
Merely descriptive
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WebA merely descriptive mark “describes an ingredient, quality, characteristic, function, feature, purpose, or use of the goods or services” specified in the trademark application [ … WebTo understand the term “merely descriptive”, you first need to know how the strength of a trademark is legally determined. There are five official categories, from strongest to weakest: Fanciful Arbitrary Suggestive Merely Descriptive Generic Fanciful marksare literally made up words. They have no other inherent meaning.
WebDescriptive Trademark Definition. Unique brand identifiers are meant to help consumers differentiate between your products or services and those from others. A descriptive … WebEven descriptive terms, such as the trademarked property ‘American Airlines,’ can acquire the distinctiveness necessary for the Principal Register. ... If you know your application involves a merely descriptive term, however, you may save time by filing directly for the Supplemental Register.
Webwhen used on or in connection with an applicant’s goods, is merely descriptive of them. “A term is merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of the goods or services with which it is used.” In re Chamber of Commerce of the U.S., 675 F.3d 1297, 102 USPQ2d 1217, 1219 (Fed. WebAs part of your trademark application, you must identify each class of goods or services that you wish to associate with your proposed trademark. For each class of goods or services within which you seek your trademark registration, you must pay an additional fee along with the application. Beyond the general identification of these classes ...
Web4 feb. 2024 · The Trademark Act prohibits the registration of marks that are “merely descriptive.” 15 U.S.C. § 1052 (e) An example of a descriptive mark is COFFEEHOUSE, if it is used to identify establishments that sell coffee.
Web17 mrt. 2024 · What Is a Merely Descriptive Trademark? Put simply, a descriptive trademark is exactly what it sounds like: generally, it is a name that describes something about the products/services it is used with. The … service pack for proliant gen10 インストール手順WebMerely Descriptive and Deceptively Misdescriptive: The examining attorney will refuse registration of a mark as merely descriptive if it immediately describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. service pack di windowsWeb6 nov. 2024 · A merely descriptive trademark is one whose dictionary definition is synonymous with a quality of the good or service. An example might be “Cold and Creamy” for ice cream, or “Crystal Clear” for a brand of televisions. Descriptive trademarks can only receive trademark protection in the U.S. if they achieve something called “secondary ... service pack for proliant 2022.03 gen10In response to a §2(e)(1) office action, many trademark attorneys will first argue that the client’s mark is not descriptive but rather suggestive. Descriptive marks are often similar to suggestive marks, which are distinct. Although the line between suggestive and descriptive isn’t always clear, the distinction is crucial … Meer weergeven If your client’s mark creates an incongruity, you should argue that the mark is distinct. The TTAB has long held that a mark that creates an incongruity is distinct. A mark that is incongruous may consist of words that clash or … Meer weergeven It can also be useful to point out that your client’s mark is a “double entendre.” A double entendre is a word or expression that is … Meer weergeven Although it can be difficult to overcome a §2(e)(1) refusal, you can be successful by making well-informed arguments. If your client’s mark is truly descriptive, then providing evidence that the mark has acquired … Meer weergeven service pack for proliant dl380 gen9WebNear the top of the list of possible trademark rejections is mere descriptiveness. But, what exactly is a merely descriptive trademark? A merely descriptive mark “describes an ingredient, quality, characteristic, function, feature, purpose, or use of the goods or services” specified in the trademark application [ TMEP 1209.01 (a) ]. service pack for proliant gen 9WebA trademark is considered "merely descriptive" if the mark itself describes a quality orcharacteristic of the mark's goods or services. The U.S. Patent and Trademark … service pack for proliant spp gen 8WebMerely descriptive marks may be capable of registration on the Principal Register if they have gained secondary meaning or acquired distinctiveness. Without such acquired distinctiveness, a merely descriptive mark might still be registrable on the Supplemental Register , depending upon the subjective views of the trademark examining attorney … service pack for proliant spp version gen9.1