The Trademark Office may reject your application for many reasons. Several of these have to do with the distinctiveness of your trademark. If you have a mark that is not inherently distinctive, you may need to seek registration on the Supplemental Register. However, there are some cases where a trademark gains “acquired distinctiveness,” also referred to … Read more What Is Acquired Distinctiveness for Trademarks?
A descriptive trademark is one that describes the goods or services with which the mark is used. More specifically, it may describe the qualities, characteristics, feature, purpose, or function of those goods or services. Of course, it can sometimes be difficult to determine whether a trademark is descriptive. The mark may fall into a gray … Read more What Is a Descriptive Trademark? Can I Protect It?
When the Trademark Office reviews your application, they are checking it in several ways. They will check and see if you have submitted a proper specimen. They also make sure that your mark is distinctive enough to be registered. One check that they always perform is a trademark search. This search checks to see if … Read more What Are Confusingly Similar Trademarks?
In order to register your trademark, you will have to show use of your mark in commerce. Your filing basis will determine when you have to show use. If you file on an In Use basis, you will show your use in commerce of the mark as part of the application. For an Intent to … Read more When Do I Have “Use In Commerce” of My Trademark?