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Can two Descriptive Words be Trademarked?

Can two Descriptive Words be Registered as trademark?

A word, which is merely descriptive of applied services or products, cannot be registered in the US, as well as in any other country of the world. Descriptive words are words that describe a characteristic, quality, or feature of the goods or services being offered, and they are typically considered to be weaker trademarks because they are less inherently distinctive and more likely to be used by multiple businesses.

This is a general rule; however, can 2 merely descriptive words be registered as a trademark?

As it appears, the answer is yes, at least in some cases.

"If the combination creates a unitary mark with a non-descriptive meaning, or if it has an incongruous meaning vis-a-vis the goods, then it is registrable", see RANGE FARMS for Poultry.

"Because the word “Range” modifies the word “Farms” in the applied-for mark, the compound term RANGE FARMS suggests that poultry is produced on a large area of open farmland. This suggestion requires purchasers to use some imagination and reasoning."

To register a descriptive word as a trademark in the US, the applicant must show that the mark has acquired secondary meaning or "distinctiveness" in the minds of consumers through use in commerce. This means that the public has come to associate the descriptive word with a specific source of goods or services, rather than simply understanding the word to describe a feature of the product.

For example, the term "American Airlines" is a descriptive term that describes an airline based in the United States, but it has acquired secondary meaning as a distinctive trademark through long and continuous use in commerce. Similarly, the term "Vision Center" is descriptive of an eyewear retail store, but it has been registered as a trademark by Walmart, as the term has acquired secondary meaning through Walmart's extensive use and promotion of the term.

It is worth noting that even if a descriptive term is registered as a trademark, its level of protection may be limited, as other businesses may still be able to use the same or similar terms in a descriptive or non-infringing manner.

Bonamark offers trademark registration in the US.


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