Written by Jan Buza
Co-founder of Trama
The USPTO evaluates trademark applications based on two main factors: whether it’s descriptive of the goods and services you provide and whether it conflicts with earlier registrations. To ascertain whether your mark is distinctive, examiners place it on the spectrum of distinctiveness, which puts your mark somewhere on a spectrum between generic and completely distinctive.
Generic marks are refused outright, since they cannot function as trademarks. Descriptive marks are also refused unless the applicant can demonstrate their brand has acquired distinctiveness through continued commercial use. Suggestive, arbitrary, and fanciful marks are inherently distinctive and registrable without additional evidence of distinctiveness, but even these can be refused if there are prior, confusingly similar registrations.
Is trademark registration needed to sell products in the USA?
What's the difference between the use-in-commerce and intent-to-use basis?
A US trademark is valid for 10 years; are there any other costs or annual fees during that period?
What are the most common grounds for application dismissal by USPTO?
How does the USPTO act in case of a likelihood of confusion?
If I apply for a US trademark and there is an objection from the USPTO, what happens next?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
