The Internicola Law Firm, P.C.

Descriptive Trademarks vs. Inherently Distinctive Trademarks

In the trademark world there are two kinds of trademarks: descriptive trademarks and all the rest. "All the rest" actually refers to inherently distinctive trademarks, trademarks that are, by nature and definition, unique. Descriptive trademarks do not possess this quality and because of this, descriptive trademarks cannot be immediately protected as trademarks.  

What is a descriptive trademark? 

A descriptive trademark is, in many ways, not a trademark at all. When a trademark is found by the court to be purely descriptive it will be denied protection and cannot be registered. A New York business and franchise attorney can help you to avoid this legal snafu. Descriptive trademarks are: 

• Trademarks that simply portray the intended aspect of the good or service they represent;
• Trademarks that focus mainly on the geographical origin of the product;
• Trademarks that focus primarily on a person's surname; and
• Trademarks that draw attention only to certain laudatory aspects of the product.  
  

However, when a descriptive trademark reaches a certain level of product association in the public eye it can become a viable and distinctive trademark. This level is usually reached though extensive use and advertisement.

If you are an entrepreneur who is interested in franchising a business, there is a lot you need to know. For a limited time, get this FREE book on franchising your business The Franchise Formula: A Guide to Franchising your Business in the New Economy. Offering expert help in New Jersey and nationwide, New York business and franchise attorney Charles N. Internicola is ready to answer your questions about franchise, national and international trademarks, and any critical business matters that may arise. Contact us today - 1-800-976-4904.