What are the most common refusals an applicant receives in a federal trademark application?
Some of the most common substantive refusals which a party may encounter are: a. Likelihood of Confusion b. Mere Descriptiveness c. Generic Word d. Indefinite Description In a likelihood of confusion rejection, the examiner has found prior filed or registered marks that are either identical or confusingly similar in the Federal registry. In order to prevail, an applicant must show that the mark is dissimilar, or if the marks are similar, that the respective goods or services in question are too different to be confused. In a mere descriptiveness rejection, the examiner has found that a mark is descriptive of the product, therefore the applicant should not be allowed exclusive use of the mark. The applicant will then have to prove that recognition by the relevant public or consumer, or “secondary meaning” has been established in this name, i.e. being well known in its industry, through many years of continued sales and through advertising. In a generic word rejection, the examiner has f
