What is a 2(e) Merely Descriptive Refusal?

After you file your trademark application and an examining attorney reviews your application, you will receive a correspondence called an office action. This is a document from the trademark office that states whether your application has been approved or denied for registration. If your application is denied, the office action explains why that happened and gives you the opportunity to respond. Once you respond, your application and response is reviewed for another opportunity to pass to registration. 

If you file a trademark application and the office action issues a 2(e) Merely Descriptive refusal, you will have the opportunity to respond. This refusal alleges that your trademark merely describes your product or service. It is one of the most difficult refusals to overcome because you have to prove to the trademark office that your mark is distinctive. 

One of the ways to overcome these refusals is to prove that your mark has acquired a secondary meaning. This means that your trademark has become so associated with your product or service that it obtains a new meaning beyond the basic definition. 

To prove this, you must demonstrate that your trademark has been used in the marketplace for over five years.

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