What Happens When You Get a 2(e) Refusal?

If you receive a 2(e) refusal, there are a number of ways that you can try to overcome it and get your mark approved for registration. You can demonstrate that your mark has acquired a secondary meaning, that it has been used in the marketplace for over 5 years so consumers recognize it in connection with your products, or argue that your mark is suggestive. 

Secondary Meaning 

To acquire secondary meaning, your mark must be used in the marketplace for five years or more. In that time, consumers will associate your mark with your offerings which will allow it to gain a secondary meaning beyond its dictionary definition. 

If a trademark application is denied registration to the principal register, the applicant can apply to have it registered on the supplemental register to wait out this five year period. This gives you priority over the mark and allows you time for the mark to develop the secondary meaning. 

Mark is Suggestive 

You can argue in your office action response that your mark is suggestive rather than descriptive. Suggestive marks are eligible for registration. To determine whether a mark is suggestive, the examining attorney may consider whether a consumer has to use their imagination to link your mark to your product or service. This is more likely to be effective if your mark is ambiguous or broad, so they don’t describe your product or service perfectly. 

Are you interested in learning more about trademark registration? Schedule your 30 minute legal insight strategy session today!