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My brand name is descriptive of the business offering. Is there still a way to register this trademark?

Written by Jan Buza

Co-founder of Trama

If you’re attempting to register a descriptive trademark and rebranding is not an option for your brand, there are two ways to overcome descriptiveness:

By claiming acquired distinctiveness: if the mark has been in exclusive and continuous use for a sufficient period and consumers have come to associate it specifically with your business rather than the general category, it may qualify for registration despite its descriptive nature. Evidence of sales volume, advertising expenditure, consumer surveys, and length of use supports the claim. The US allows a presumption of acquired distinctiveness after five years of exclusive and continuous use.

By reapplying with a figurative mark: registering a logo or combined mark that incorporates the descriptive name alongside a distinctive visual element can sometimes achieve registration where the wordmark alone would be refused. The visual component lifts the overall distinctiveness of the mark above the threshold.

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