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?
As I discussed in a previous post, not all trademarks are created equal. While Apple for computers is very distinctive, there are some trademarks that are not distinctive enough to warrant any associated trademark rights. We call these generic trademarks. No one can protect or enforce trademark rights to a generic mark. In fact, a … Read more What Is a Generic Trademark? When Are Marks Generic?