Merely descriptive: the refusal that catches good names

Section 2(e)(1) of the Trademark Act bars a mark from the Principal Register when it immediately describes a quality, feature, function or purpose of the goods or services. The USPTO grades names from generic through descriptive and suggestive to arbitrary and fanciful, and only the last three register without more. A descriptive name can still register on a showing of acquired distinctiveness, usually after five years of exclusive use, or on the Supplemental Register in the meantime. The attorney's answers are to argue the name is suggestive, to prove distinctiveness, to amend the register, or to change the name before filing.

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