Can You Register a Descriptive Mark?

Posted by Michael Shimokaji | Feb 09, 2018 | 0 Comments

QUESTION: Can you trademark “Adjective + Subject” type wordmarks? I'm considering starting a cosmetics company, and are looking into names, e.g. Creative Cosmetics, Captivating Cosmetics or some other adjective + cosmetics name. Are these kinds of Adjective + Subject names (if available) likely wordmarkable or would they likely be deemed too generic? In the latter case trademarking the logo + wordmark would be a better bet and you could save some time and dollars by not even attempting registering the wordmark only.

ANSWER: Marks that describe the product being sold can be expected to run into challenges when seeking federal registration of the mark. In this case, marks like Creative Cosmetics and Captivating Cosmetics may be seen as describing the cosmetics being sold.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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