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I have received an office action with "mere descriptiveness" as the reason for dismissal. What should I do?

Written by Jan Buza

Co-founder of Trama

Read the office action carefully. The examiner will identify which element of the mark is considered descriptive and of what characteristic. Understanding specifically what the examiner has flagged is the starting point for assessing the available responses.

The three realistic options are: arguing the mark is suggestive rather than descriptive, submitting evidence of acquired distinctiveness, or amending the application to the Supplemental Register. Which of these is most appropriate depends on the specific mark, how long it has been in use, and the strength of the evidence available.

Start with a free assessment of your office action with Trama.

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