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Registration of trademarks and service marks can be denied because the proposed mark merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services. The degree of descriptiveness can only be determined by considering it in relation to the specific goods or services. The reasons descriptive trademarks are not allowed to be registered are to:

  • prevent the owner of a mark from inhibiting competition in the sale of particular goods or services; and
  • enhance the public’s freedom 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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