Descriptive Describes Where the Goods Are Used and Their Purpose

A merely descriptive mark is one that describes an ingredient quality characteristic function feature purpose or use of the goods or services it is used in connection with. Does the trademark describe the goods the purpose of the goods the end to.

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FAT TIRE as a trademark is distinctive as to beer but descriptive as to bicycles.

. A mark is considered merely descriptive if it directly describes any of the goods or services with which it is used. Comparative advertising involves a situation where the trademark of a competitor is used to refer to the competitors goods. ----Only Describes to consumers the goodsservices----OR their geographic origin.

Nominative fair use involves the descriptive use of anothers mark to describe or identify the plaintiffs goods or services not the defendants. In re Abcor Development Corp 588 F2d 811 200 USPQ. Marks that describe the intended user or purchaser of a product or service can also be found to be merely descriptive.

Parody is a humorous form of social commentary and literary criticism. The fact that other competitors could use other terms to describe their goodsservices does not make the mark any more registrable. A descriptive mark describes an ingredient quality characteristic function feature purpose or use of the specified goods or services A descriptive mark is considered the weakest of protectable trademarks.

Exploratory research is the initial research into a hypothetical or theoretical idea. This means that FAT TIRE can be used as a trademark for beer but not for bicycles. A mark may be deemed merely descriptive within the meaning of 15 USC.

Has secondary meaning or has come to identify the. A descriptive trademark is one that describes the goods or services with which the mark is used. A term is merely descriptive pursuant to Section 2 e 1 if when applied to the relevant goodsservices it immediately describes an ingredient quality characteristic function feature purpose or use of the relevant goodsservices.

Below are examples of descriptive marks that have been refused by the USPTO. A mark is considered merely descriptive if it describes an ingredient quality. When we evaluate a trademark and decide if it is distinctive or descriptive we ask.

Descriptive studies are used to describe the behavior of a sample population. Descriptive marks are those trademarks or service marks that only describe the products or services to which they are applied. In descriptive research only one variable anything that has quantity or quality that varies is required to conduct a study.

The mark may fall into a gray area between descriptive and another. Many trademark disputes and Office Actions center around the issue of whether a mark is merely descriptive of the goods andor services or possibly generic. You cannot broaden the identification after the application is filed.

An example could be a window company trying to trademark the name Clear Glass Windows. ONCE-A-WEEK has been refused registration as a trademark for floor cleaner. Descriptive Trademarks and Service Marks.

If the individual components of a mark retain their descriptive meaning in relation to the goods the combination results in a composite. Marks that are merely descriptive are not protected or accorded trademark rights. Real words that indirectly describe the good or service they identify.

Of course it can sometimes be difficult to determine whether a trademark is descriptive. A mark is merely descriptive if it describes an ingredient quality characteristic function. See McCarthy on Trademarks and Unfair Competition 1116 4th ed A descriptive term immediately conveys to the consumer information about the nature the goods or services as opposed to suggestive marks which requires imagination.

Coppertone Under Armor Bullet Roof. A mark is considered to be merely descriptive if it describes an ingredient quality characteristic function feature purpose or use of the goods or services with which the mark will be used. A mark is considered merely descriptive if it describes a function feature purpose use quality characteristic or ingredient of the goods or services identified in the trademark application Trademark Manual of Examining.

For example THE BREATHABLE MATTRESS has been held merely descriptive for beds and mattresses while EXPRESSERVICE has been held merely descriptive of banking and trust. When a company name is considered merely descriptive A trademark or service mark includes any word name symbol device or any combination used or intended to be used to identify and distinguish the goods or services of one seller or provider from those of others and to indicate the source of the goods or services. 1052 e 1 a mark must be merely descriptive or deceptively misdescriptive of the goods or services to which it relates.

1052e1 if it conveys knowledge of a quality feature function characteristic or purpose of the goods or services for which it is used. PAINT PRODUCTS CO for paint products. The three main purposes of descriptive research are describing explaining and validating the findings.

Best Buy intuitively means good deals and is descriptive but through acquired meaning it identifies a particular seller of goods. It can be difficult to write an accurate and complete description identification of goodsservices in a federal trademark application When describing the goods and services you are or want to sellprovide you want use somewhat broad language but not too broad. It is the first step in learning about something.

This is because they do not identify and distinguish the source of products or services. Consists of a mark which 1 when used on or in connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of them 2 when used on or in connection with the goods of the applicant is primarily geographically descriptive of them except as indications of regional origin may be registrable under section 4 15 USC 1054 3 when. To be refused registration on the Principal Register under 2 e 1 of the Trademark Act 15 USC.

A Canadian Court found that on first impression once-a-week clearly implied that the floor cleaner needed to be used only once a week and that one application would endure for that period of time and that this was an attribute or property that referred to the durable and excellent quality of the product. Descriptive trademarks are those which consist exclusively of signs or of indications that may serve in trade to designate the kind quality quantity intended purpose value geographical origin time or production of the goods or rendering of the services or other characteristics of the goods or services. This article discusses what are descriptive trademarks.

So long as a descriptive mark is capable of being a source identifier ie. 120901 b Merely Descriptive Marks. A mark is merely descriptive if it describes an ingredient quality characteristic function feature purpose or use of the applied for goods or services.

Mark being used in a descriptive sense or consisting exclusively of elements that are purely descriptive registration should be denied. More specifically it may describe the qualities characteristics feature purpose or function of those goods or services. Similarly a mark is considered merely descriptive if it immediately conveys knowledge of a quality feature function or characteristic of an applicants goods or services.

The European Court of First Instance has found the following marks non. A mark is considered merely descriptive if it describes an ingredient quality characteristic function feature purpose or use of the specified goods or services. Applied-for mark merely describes the function or purpose of applicants goods namely software for.

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