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question.jpgIn Trademarks

How can I tell if a mark is descriptive?

The line between suggestive marks and descriptive marks is thin. However, there are four tests that you can use in discussing a mark to help determine whether it is suggestive or descriptive. First, you can look at the dictionary meaning of the mark - if, using the dictionary meaning, the mark describes an aspect of the goods or services, it is a descriptive mark. Second, you can look at whether the mark requires a little imagination to reach a conclusion as to the goods or services - if so, then the mark is likely a suggestive mark. Third, you can look at whether competitors would need to use the term to describe their product - if so, the mark is a descriptive mark. Finally, you can look at how many other trademarks for related goods and services use the term - if many of them do, the mark is likely descriptive.