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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.
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