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 A descriptive trademark is a trademark that uses at least one word that describes the product or service. For example the trademark “Joe’s Pizza” would be merely descriptive because anyone who sees the name would immediately presume the name is associated with a pizza shop owned by someone named Joe. Another example of descriptive trademark would be “diet cola.” This trademark simply describes the product. Descriptive trademarks of this nature may not be registered as a trademark until the trademark acquires “secondary meaning.”
A product or service acquires secondary meaning when the general public associates the descriptive trademark with the product or service. Generally speaking, the United States Patent and Trademark Office will allow trademark registration of a descriptive trademark on the Principal Register that has been in use for five or more years. Prior to such period, the United States Patent and Trademark Office offers a Supplemental Register on which descriptive marks may be initially registered. While registering a trademark on the Supplemental Register does not afford a trademark owner all the rights of a registered trademark on the Principal Register, it does afford a trademark enough rights to make the registration worth the effort.
Of the four types of registered trademarks available through trademark registration, a descriptive trademark would be the most challenging trademark to register. Sticking with the technology companies, “Science Applications International Corp.” and “Computer Sciences Corp.” are two companies that have been successful with names that are very literal. An advantage of descriptive trademarks is that they make marketing easy. The name of the company or brand informs customers of what they can expect to receive. However, because the name is so descriptive, competitors could offer similar or identical products. Therefore, registering a trademark for descriptive names is far more difficult than it is for other trademark types.
For more information on descriptive trademarks or trademark registration, call Trademark Armor at 1-877-350-6275 for a free consultation, or click the button below for more information.
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