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What is Section 2(e)(1) Refusal - Mere Descriptiveness?

Founder & Trademark Attorney

A Section 2(e)(1) refusal is issued by the USPTO when the examiner considers the applied-for mark merely descriptive of the goods or services listed in the application. A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the goods or services.

Merely descriptive marks are refused because they do not inherently identify a single commercial source; any competitor in the same industry could legitimately use the same term to describe their offerings. The mark must be distinctive; capable of identifying origin; to qualify for registration.

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