Mere Descriptiveness (Trademark) Law and Legal Definition
Pursuant to 15 USCS § 1052, a descriptive mark can be refused by an examining attorney. Registration of trademarks and service marks can be refused because the proposed mark merely describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. The degree of descriptiveness can be determined only by considering it in relation to the specific goods or services.
Protection to descriptive marks are not provided because of reasons such as :
1) to prevent the owner of a mark from inhibiting competition in the sale of particular goods or services; and
2) to maintain freedom of the public to use the language involved. This is to avoid the possibility of harassing infringement suits by the registrant against others who use the mark when advertising or describing their own products.
Legal Definition list
Related Legal Terms
- Abandonment (Trademark)
- Acquiescence (Trademark)
- Acquired Distinctiveness (Trademark)
- Acquisition of Ownership (Trademark)
- Actual Confusion (Trademark)
- Advertising Injury (Trademark)
- Aesthetic Functionality (Trademark)
- Affirmative Defenses (Trademark)
- Affixation Requirement (Trademark)
- Assumed Name (Trademark)
