Category: Marketing

Marketing

The PTO Says My Trademark is Descriptive; Can I Still Use It?

A client came to me with a classic trademark problem. She had looked at the PTO web site and had not found a mark identical to hers so she filed the application. But the Examining Attorney rejected it because he thought it was “merely descriptive” of the goods. She asked me what I thought and what it would cost to challenge it.

I took a deep breath and suggested that she save the money because the Examining Attorney was right and the likelihood of overturning the decision was remote. Here’s why:

Inverted Business Building - Fulfillment - Sales - Marketing

What may seem like a good idea, to get the phone ringing or customers coming in the door as soon as possible, may not be the best way to launch your business.

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