Considerations When Using Descriptive or Generic Trademark Terms

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I. Adding Distinctive Terms or Logos to a Descriptive or Generic Term Will Not Protect the Descriptive or Generic Term.

A descriptive trademark1 is one that immediately brings to mind a use, purpose, function, characteristic, ingredient, or class of end users, of the product or service with which the mark is used. A descriptive mark can only be protected upon a showing of acquired distinctiveness, which is also called secondary meaning. A generic mark describes the category of the product or service with which it is used and can never be protected.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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