What is a merely descriptive trademark?

What is a merely descriptive mark? Your trademark application might get rejected for a number of reasons. Near the top of the list of possible trademark rejections is mere descriptiveness. But, what exactly is a merely descriptive trademark? A merely descriptive mark “describes an ingredient, quality, characteristic, function, feature, purpose, or use of the goods […]

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What are inherently distinctive vs. merely descriptive trademarks?

When you’re contemplating a name for your new business or product line, it’s common sense to avoid words that are too close to an existing trademark used for similar goods or services.¬†However, likelihood of confusion is not the only factor to consider when adopting a new trademark. You should also consider the inherent distinctiveness of […]

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What are substantive vs. non-substantive trademark Office Actions?

What is a non-substantive trademark Office Action? Non-substantive trademark Office Actions are letters issued by USPTO examining attorneys that do not necessarily refuse registration of the mark. Such Office Actions typically do not require significant legal research or argument. For example, any of the following reasons may lead to a non-substantive Office Action (what I […]

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