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ARTICLE · 02 AUGUST 2024

Differentiating Merely Descriptive Marks From Suggestive And Unitary Marks

Cowan, Liebowitz & Latman, PC
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Is WHOLESALEHOME merely descriptive of a "cloth for wiping or dusting" sold at wholesale through the internet, or is it registrable with a meaning distinct from its elements?

United StatesIntellectual Property
William Borchard
William Borchard

Is WHOLESALEHOME merely descriptive of a "cloth for wiping or dusting" sold at wholesale through the internet, or is it registrable with a meaning distinct from its elements?

Is the word DAILY a merely descriptive component of the service mark DAILY MIND for "mental health services" offered with a daily frequency, or is DAILY MIND a registrable unitary mark with a meaning distinct from its elements?

The decision that WHOLESALEHOME is not a registrable unitary mark may be compared to the decision that DAILY MIND is a registrable unitary mark. These decisions by different panels of Trademark Administrative Judges were issued one day apart.

Background

A "merely descriptive" term immediately conveys information concerning a feature, quality, or characteristic of the goods or services for which registration is sought. It is unregistrable in the U.S. unless it acquires distinctiveness as a source designation. When such a term is a component of a composite mark for

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