Claiming Distinctiveness

Substantive rejections based on things like descriptiveness are common and can be difficult to fight, especially for someone who is not an attorney.  When other avenues have failed one possibility is to claim distinctiveness under section 2(f). What this claim means is that your trademark has become distinct through your use and that it will be recognized by those you do business with. This is usually only recommended if you have been using your trademark continuously for at least five years. Although if you have not been using your trademark for this period there are other ways to prove your trademark has acquired distinctiveness such as by demonstrating you have spent a lot on advertising, have made many sales, or have client or retailer testimonial showing they recognize your trademark. Claiming distinctiveness is not the only way to overcome certain issues with your trademark application, but it is worth considering if this option is for you.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.