Written by Tomas Orsula
Senior Trademark Attorney
A merely descriptive refusal, issued under Section 2(e)(1) of the Lanham Act, is raised by the USPTO when an applied-for mark is considered to merely describe the goods or services it covers rather than identifying their commercial source.
"SuperSoft" for a blanket brand is a commonly cited example: it describes a characteristic of the product directly. "Netflix" is not descriptive of streaming services; it requires a step of inference; which is why it is registrable. The distinction is whether the mark describes the product or requires imagination to connect to it.
Merely descriptive marks cannot be registered on the Principal Register without proof of acquired distinctiveness. They may be placed on the Supplemental Register as an interim step.
Does receiving an office action mean my trademark is denied?
Can I amend my trademark application in response to an office action?
How long does it take for the USPTO to review my response to an office action?
What is a suspension letter in context of trademark office actions?
Is there any other solution to an office action besides responding?
What does it mean if a trademark is 'published for oppositions'?
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