Trademarks: Descriptiveness Objection

One potential objection an Examiner may raise in an Examiner Report is that the applied for trademark is either:

1) clearly descriptive of the products or services sold under the trademark; or

2) deceptively misdescriptive of the products or services sold under the trademark.

Clearly Descriptive

The rationale for not allowing clearly descriptive marks is that it would give one person or company a monopoly over a word or phrase that other businesses should be allowed to use in the marketplace.

A clearly descriptive trademark is one that, upon first impression of a consumer, describes a characteristic or feature of the products or services sold under the mark. For example, the mark CREAMY for ice cream products would likely be objected to as being clearly descriptive of the character of the products sold under the mark.

Deceptively Misdescriptive

The purpose of this objection is prevent the public from being misled about the goods or services sold under a trademark.

A deceptively misdescriptive mark is one that misdescribes or misleads the consumer about a characteristic or feature of the products or services sold under the mark. For example, the mark NATURAL LIFE for food products that contain preservatives & artificial ingredients would likely be objected to as being deceptively misdescriptive of the character of the products sold under the mark.

Descriptiveness Objection in Examiner Report

Have you received an Examiner Report with a Descriptiveness objection? You may be able to overcome the objection with arguments and amendments. Contact Sander Law to assess the objection & prepare a response for you.

The above content is for informational purposes only and is not legal or professional advice.