descriptive trademarks go to Supplemental Register

Descriptive Trademark Sent to Rehab for Bad Brands

Descriptive trademarks are “bad brands,” since they don’t qualify for trademark registration. They spend 5 years on the Supplemental Register and after release, must still prove secondary meaning aka acquired distinctiveness in order to be enforceable against third parties. This is an expensive, difficult hurdle most that most can never meet.

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