A trademark is any word, phrase, symbol, or design that serves to identify and set one party’s products or services apart from those of other parties. A trademark can be legally protected and kept from being used by others if it is registered with the U.S. Patent and Trademark Office (USPTO). But not every trademark application is accepted. We’ll talk about the most typical justification for rejecting a trademark in this article.
A trademark application may be rejected by the USPTO for a number of reasons. The most frequent justification, however, is that the proposed mark is “merely descriptive” or “generic.” A descriptive mark is one that clearly and concisely defines the products or services to consumers. For instance, “Delicious” for a dining establishment or “Soft” for a certain cloth. Common names for the products or services, such as “Computer” for a computer store, are examples of generic marks.
Because they do not act as source identifiers, the USPTO does not protect trademarks that are purely descriptive or generic. A mark cannot be held by one party and must continue to be available for use by all if it is overly descriptive or generic. Therefore, a mark must be distinctive rather than merely descriptive or generic in order to qualify for trademark protection.
If a trademark application is turned down because it is purely descriptive or generic, the applicant may still be able to register the mark by proving that it has “secondary meaning.” Consumers have developed an association between the mark and a certain supplier of products or services, which is known as secondary meaning. For computers and devices, “Apple” is not a distinguishing brand in and of itself. However, the mark has gained secondary meaning and qualifies for trademark protection since consumers have come to identify it with a specific supplier of goods, namely Apple Inc.
Directly submitting an application to the USPTO is the least expensive option to trademark a mark. Depending on the type of application filed, the USPTO imposes a filing fee for trademark applications that can range from $225 to $400 per class of goods or services. If the application is accepted, there will also be further charges for keeping the registration current and renewing the mark.
Utilizing an internet business that provides trademark registration services is an additional choice. In comparison to employing an attorney, these services frequently charge fixed fees for their services. It is crucial to remember that these services might not be able to offer the same level of legal advice and counsel as an attorney or the same level of protection as a registered trademark.
In conclusion, the simplest justification for rejecting a trademark is that it is generic or merely descriptive. A mark must be distinctive in order to qualify for trademark protection; it cannot just be descriptive or generic. If a trademark application is turned down because it is purely descriptive or generic, the applicant may still be able to register the mark by proving that it has “secondary meaning.” The most affordable approach to register a trademark for a mark is to submit an application directly to the USPTO or make use of an online trademark registration service.