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Mere Descriptiveness:
Statutory basis (Trademark Act Section 2(e)(1), 15 U.S.C. Section
1052(e)(1), TMEP 1209 et seq) for refusing registration of trademarks
and service marks because the proposed mark merely describes an
ingredient, quality, characteristic, function, feature, purpose or use
of the specified goods or services. With regard to trademark
significance, matter may be categorized along a continuum, ranging from
marks that are highly distinctive to matter that is a generic name for
the goods or services. The degree of descriptiveness can be determined
only by considering it in relation to the specific goods or services. At
one extreme are marks that are completely arbitrary or fanciful. Next on
the continuum are suggestive marks, followed by merely descriptive
matter. Finally, generic terms for the goods or services are at the
opposite end of the continuum from arbitrary or fanciful marks. The
major reasons for not protecting descriptive marks are: (1) to prevent
the owner of a mark from inhibiting competition in the sale of
particular goods or services; and (2) to maintain freedom of the public
to use the language involved, thus avoiding the possibility of harassing
infringement suits by the registrant against others who use the mark
when advertising or describing their own products. |
