Legal Question in Intellectual Property in New York

Trademark Registration refused (Descriptive)

My Trademark Registration was refused because the applied-for mark merely describes a feature of applicant�s goods and/or services.

What is the best way to prove Acquired Distinctiveness?


Asked on 12/08/08, 8:37 pm

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

Re: Trademark Registration refused (Descriptive)

There are a variety of ways to prove distinctiveness, including surveys. However, if you're looking to actually persuade the examiner, this kind of work is not a "do it yourself" project.

If you'd like to arrange a consultation, please feel free to get in touch.

Read more
Answered on 12/08/08, 8:51 pm
Nancy Delain Delain Law Office, PLLC

Re: Trademark Registration refused (Descriptive)

Unfortunately, the answer is a hard proof: time. If you can show that the mark has been in continuous use in interstate commerce for 5+ years (and the PTO will require samples), then you will have shown presumptive acquired distinctiveness.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 12/08/08, 8:52 pm


Related Questions & Answers

More Intellectual Property questions and answers in New York