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Secondary Meaning
Secondary Meaning
Secondary Meaning – Zatarain’s v. Oak Grove Smokehouse Secondary Meaning – Terms that are merely descriptive are not usually protectable under the Lanham Act as trademarks. For example, one could not get a trademark on the term “FRIED CHICKEN” – because the term simply describes an entire class of product.  If that was the end...
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Supplemental Register & Your Descriptive Mark
Supplemental Register & Descriptive Mark Supplemental Register & Your Descriptive Mark – The U.S. Patent and Trademark Office (USPTO) is aware that not every business owner or organization is going to seek to employ fanciful marks like “Kleenex.” More likely than not, marks are going to be considered descriptive with words that describe an ingredient,...
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Recent Articles

Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite
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A Rose By Any Other Name … But Likely Not a Trademark
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