{"id":3849,"date":"2021-08-31T09:00:54","date_gmt":"2021-08-31T09:00:54","guid":{"rendered":"https:\/\/wariplaw.com\/?p=3849"},"modified":"2022-06-10T03:48:16","modified_gmt":"2022-06-10T03:48:16","slug":"overcoming-a-merely-descriptive-rejection","status":"publish","type":"post","link":"https:\/\/wariplaw.com\/overcoming-a-merely-descriptive-rejection\/","title":{"rendered":"How An IP Attorney Can Help Overcome A Merely Descriptive Rejection"},"content":{"rendered":"

\"Overcoming<\/a><\/p>\n

The process of filing a trademark application and obtaining a registration certificate can be arduous and filled with several challenges to overcome. Unfortunately, many applications are rejected for a number of reasons – some of which can be resolved easily, while others present more significant roadblocks, requiring time, effort, and legal strategies, to overcome.<\/p>\n

Discerning what went wrong in a trademark application is not always straightforward. One common issue that we encounter at War IP Law is the merely descriptive rejection. Essentially, this type of rejection is precisely what it sounds like: a refusal to accept a trademark because it is believed that the mark merely describes the goods or services. Overcoming a merely descriptive rejection, however, can be difficult and burdensome and in some cases, impossible.<\/p>\n

At War IP Law, we have helped clients overcome a merely descriptive rejection, and understand how to successfully argue that a mark is registerable. If you have experienced a merely descriptive rejection, you have options. The expert trademark attorneys at War IP Law can guide you through the trademark application process. Call 202-800-3754<\/a> to consult an experienced intellectual property attorney about your specific questions today.<\/p>\n

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What Is a Merely Descriptive Mark?<\/h2>\n

The United States Patent and Trademark Office<\/a> outlines the requirements of a merely descriptive rejection in Section \u00a72(e)(1) of the Trademark Act. Here, the law states that a mark cannot be accepted if it is merely descriptive or deceptively misdescriptive of the goods or services associated with it. A trademark is considered merely descriptive if the mark explicitly describes a characteristic or quality of the goods or services that it represents. In essence, the trademark must be distinct and capable of distinguishing the goods or services for which it is used.<\/p>\n

It can be difficult to distinguish between marks that are merely descriptive and marks that are considered distinct. Several court cases have outlined the various considerations that USPTO examining officers<\/a> may consider when issuing a merely descriptive rejection:<\/p>\n