What is a Descriptive Mark? A Comprehensive Legal Overview
Definition & Meaning
A descriptive mark is a type of trademark that directly describes a characteristic, quality, feature, function, or purpose of the goods or services it represents. For example, terms like "denim" for jeans or "spicy sauce" for salsa are considered descriptive marks. These marks are often not eligible for registration on the Principal Register under the Trademark Act because they do not distinguish the goods or services from others in the market.
Legal Use & context
Descriptive marks are primarily relevant in trademark law. They are used to identify the source of goods or services but can face challenges during the registration process. In legal practice, understanding descriptive marks is crucial for businesses seeking trademark protection. Users can manage trademark applications and related forms through resources like US Legal Forms, which provide templates drafted by experienced attorneys.
Real-world examples
Here are a couple of examples of abatement:
- Example 1: "Fresh Bread" for a bakery's products is a descriptive mark.
- Example 2: "Eco-Friendly Cleaning Products" for a line of environmentally safe cleaners is also descriptive.
Relevant laws & statutes
The primary statute governing descriptive marks is the Trademark Act, specifically §2(e)(1) of the Act (15 USCS §1052(e)(1)). This section outlines the criteria under which a mark may be deemed merely descriptive and thus ineligible for registration.