What is a suggestive trademark?

What is a suggestive mark? A suggestive trademark has wording that suggests characteristics of the underlying goods or services without saying it outright. As stated in the USPTO trademark manual [TMEP ยง 1209.01], suggestive trademarks “require imagination, thought, or perception to reach a conclusion as to the nature of those goods or services.” What is […]

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What is acquired distinctiveness (secondary meaning)?

What is a trademark with acquired distinctiveness? Some trademarks are inherently distinctive from the start and others are not. Inherently distinctive marks generally include marks that are arbitrary (meaning of mark has no relation to goods/services) or fanciful (made up word) or suggestive (meaning of mark suggest a feature of goods/services). Marks that are descriptive […]

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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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