Understanding Descriptiveness and Genericness in Trademarks

When selecting a trademark for your business, product or service, it's crucial to choose a mark that is legally protectable and enforceable. Two major pitfalls to avoid are marks that are deemed "merely descriptive" or "generic" by the United States Patent and Trademark Office (USPTO). Descriptive and generic marks face significant hurdles to registration and protection. Understanding the legal standards for descriptiveness and genericness, and strategies to avoid these objections, can help you develop a strong, defensible trademark from the start.

How to create acceptable, compelling trademark survey evidence?

For a trademark survey to be considered trustworthy and accurate, several important features must be incorporated into its design and implementation. These features ensure that the survey results are reliable and valid, providing meaningful data that can inform decisions or conclusions.