West Monroe Trademark Attorneys & Lawyers

Key Takeaways

• A descriptive trademark conveys a key feature or quality of a product or service.
• Descriptive trademarks are generally weak and difficult to register without showing “acquired distinctiveness.”
• Examples include terms like “Cold and Creamy” for ice cream or “104 KEY” for a keyboard.
• You can gain protection for a descriptive trademark by proving secondary meaning through continuous use and marketing.
• Supplemental Register is available for descriptive marks not yet eligible for the Principal Register.
• There are strategies to overcome descriptiveness refusals, including disclaimers, consumer surveys, and creative branding.

What Is a Descriptive Trademark?

A descriptive trademark identifies one or more characteristics of a product or service covered by the mark and only serves to describe the product. 

Some descriptive mark examples are:

• 104 KEY: it describes

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What is a Trademark?

A trademark is a symbol, slogan, design, word, or combination of elements that identifies a party's goods or services. The purpose of a trademark is to distinguish these goods or services from someone else's. A trademark can be almost anything in terms of design as long as it makes it easy for the consumer to identify it with a particular service or product.

Examples of popular trademarks include the NBC three-toned chime "G E C," the Nike "swoosh," the McDonald's "golden arches," and the shape of the Coca-Cola bottle. A trademark can even be a color, such as T-Mobile's vibrant pink.

How Are Trademarks Different From Trade Names or Copyrights?

A trademark identifies a commercial servic

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Key Takeaways:

• Trademark Class 9 covers a wide range of scientific, nautical, and electronic goods, including modern electronics, software, and scientific devices.
• Examples of goods under Class 9 include scientific instruments, electrical apparatus, teaching tools, data processing equipment, and fire-extinguishing devices.
• Items such as clocks, kitchen tools, and certain personal care devices are excluded from Class 9.
• Class 9 often overlaps with related classes, like Class 42 for scientific and technological services, necessitating careful selection.

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Key Takeaways

• Definition & Importance of Trademark Licensing: Trademark licensing allows a trademark owner to grant rights to a third party to use their mark under agreed conditions, which can help expand brand presence while generating revenue.
• Types of Trademark Licenses: Includes exclusive, non-exclusive, and sole licenses, each providing different levels of rights and restrictions for the licensee.
• Key Elements of a Licensing Agreement: Must include quality control provisions, payment structure, geographic scope, duration, renewal conditions, and breach remedies.
• Trademark Licensing Strategies: Businesses can use licensing to expand market reach, enhance brand value, and enter new industries or product categories.
• Legal Considerations & Risks: Trademark owners must maintain control over the use of their mark to avoid dilution or loss of rights.
• Industry-Specific Licensing Examples: Fashion, entertainment, tech, a

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