What Does it Mean if a Trademark is “Merely Descriptive”?


If you have received a rejection from the Trademark Office that your mark is “merely descriptive,” then this means that the Trademark Examiner believes your trademark is descriptive and not inherently distinctive. The line between “descriptive” trademarks and “suggestive” trademarks is very fuzzy and gray, and it is open to debate and argument with the Trademark Examiner.

If you have received this rejection on a trademark application that you filed yourself or through a legal assistance services company like Legal Zoom, then your next step should be to contact a trademark attorney like myself. Your next response to the Trademark Office needs to be a legal argument, and you now need a trademark attorney’s help.

Feel welcome to contact me for a free consultation to assess the situation and to give you an idea of the likelihood of overcoming the rejection and the cost involved.

Related Topics:

What Makes a Trademark “Distinctive” and Why Does That Matter?

Should I Do a Trademark Search?


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