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Comtech gem9114/8/2024 ![]() ![]() Generally, descriptive marks are entitled to mark protection, but only if they have gained what has been termed “secondary meaning.” That is to say, the name has become so popular that despite the descriptive nature, the public associates the product with a particular company. For instance, “The Great Big Steel Company” is difficult to register because it merely describes qualities of the company or its products. Steel is a term generically used to describe the products being sold, in this case.ĭescriptive names are also difficult to register with the USPTO. For instance, a company that makes steel and tries to trademark the name “The Steel Company,” for a company that produces steel, will not succeed. Generic names are rarely given protection. In order of least distinctive to most, a mark can be considered “ generic,” “ descriptive,” “ suggestive,” “ arbitrary,” or “ fanciful.” USPTO is more likely to award a trademark application if a name more distinctive. The USPTO classifies marks on a spectrum of distinctiveness. The United State Patent and Trademark Office will not approve just any name that is applied for as a trademark.
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