When Terms are Merely Descriptive Part 2 Merely Descriptive Part 2 – Today we continue our discussion of certain interesting topics within the larger question of when certain terms are classified as merely descriptive. The classification of a term as a descriptive mark carries with it the consequence that the mark receives no protection whatsoever unless secondary...Read More
When are Terms Merely Descriptive? Part I We have previously discussed trademark issues with descriptive terms. To recap, terms that are merely descriptive receive the least amount of trademark protection. A descriptive term, such as “Fish-Fry” – generally does not qualify for protection unless the term has acquired some form of secondary meaning in the perception of...Read More
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,...Read More
Degree of Protection & Spectrum of Distinctiveness Degree of Protection & Spectrum of Distinctiveness – So, you’ve got a mark in mind that you want to register, what do you do next? Find a trademark attorney, but before you do that, it’s important to understand how much protection your mark may receive or if it...Read More
Federal Trademark Registration Benefits Trademark Registration Benefits – These days, it seems like everyone’s on the trademark registration train, but some might not even know why there are trademark registration benefits and how important those benefits are. Those folks who aren’t on the train question whether they should be on it. For owners of small...Read More