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What is a descriptive mark?

Written by Jan Buza

Co-founder of Trama

A descriptive mark is one that directly describes a characteristic, quality, function, or feature of the goods or services it is used with. "Cold and Creamy" for ice cream, "Fast Delivery" for a courier service, or "HairPro" for a hair salon are descriptive marks.

Descriptive marks are commonly refused registration because they don’t identify a single commercial source, and instead describe the product or service itself. They can only be registered through acquired distinctiveness: if a descriptive mark has been used exclusively and continuously for a sufficient period and consumers have come to associate it with a single source, it may be eligible for registration on the Supplemental Register or, with stronger evidence, on the Principal Register.

Related questions

When should I register my trademark?

Timing is everything, and this is especially true when it comes to trademark registration. Choosing to trademark your brand at the right time is much more important than you would think.

Can you change your trademark over time?

Brands tend to evolve and undergo numerous changes over time. Many companies have changed their names to cater to a larger audience, either by altering their original logos for a more modern look or abandoning controversial words in their slogans. As the company expands beyond its planned offerings of goods and services or decides to take a different direction altogether, usually what follows are certain changes or even complete rebranding. A common question is then: can trademarks change over time? Well, it depends.

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