The obvious trademark

Building on my previous post on “Choose Your Trademark,” let us explore more about the descriptive or generic trademark.

On the one hand, the descriptive trademark is the one that describes in part or in whole the product or service offered, for example, Safe Trip to identify insurance services for travelers. On the other hand, the generic mark is the one that uses the common term by which the product or service is typically known, e.g., Shoes to identify footwear products.

How to achieve exclusive commercial use of your obvious mark? Whether you are facing a registration process or a defense of your trademark in a legal process, you must base your case on the acquired distinctiveness. You must prove that through commercial use, your descriptive or generic trademark acquired secondary meaning for the consumer.

The preferred instrument for these cases is a consumer survey. This survey must reflect the opinion and assessment of the trademark by real consumers. It is recommended that experts conduct the survey. The main objective is to demonstrate that the consumer associates the product or service with your company.

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