Can my Slovak application be refused for being descriptive?

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Written by Igor Demcak

Founder & Trademark Attorney ·

Yes, descriptiveness is one of the most common reasons for refusal. A mark will be considered descriptive if it merely describes the goods and services you provide (or describes their quality, quantity, purpose, etc.). These trademarks are typically refused because such terms must remain free for all traders to use.

The main ways to overcome a descriptiveness refusal are to argue that the mark is suggestive rather than directly descriptive (requiring some imagination to connect it to the goods), or to demonstrate that the mark has acquired distinctiveness through long and extensive use, such that consumers now associate it with a single commercial source.

Choosing a distinctive mark from the outset is the surest way to avoid this objection. A free lawyer's check with Trama assesses distinctiveness before you file.

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