Secondary Meaning

  • Secondary Meaning

    Secondary Meaning

    Anthony Cartee

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    Secondary Meaning – Zatarain’s v. Oak Grove Smokehouse Secondary Meaning – Terms that are merely descriptive are not usually protectable under the Lanham Act as trademarks. For example, one could not get a trademark on the term “FRIED CHICKEN” – because the term simply describes an entire class of product.  If that was the end of the discussion, this would, all in all, be a fairly simple and clear rule.  However there is one major exception to this rule – when the descriptive term has acquired secondary meaning. Secondary meaning is always dependent on the consuming public.  The rationale behind… Read More

  • Supplemental Register & Descriptive Mark

    Supplemental Register & Descriptive Mark

    Anthony Cartee

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    Supplemental Register & Descriptive Mark Supplemental Register & Your Descriptive Mark – The U.S. Patent and Trademark Office (USPTO) is aware that not every business owner or organization is going to seek to employ fanciful marks like “Kleenex.” More likely than not, marks are going to be considered descriptive with words that describe an ingredient, quality, feature, purpose, or characteristic of the product or service. Marks like “Kara’s Cupcakes” or “Make Up Forever” are descriptive marks that will likely first need to apply to the supplemental register before receiving full trademark protections on the principal register. The principal register is… Read More