The concept of “acquired distinctiveness” (also referred to as “secondary meaning”) is extremely important when it comes to registering a non-distinctive trademark with the United States Patent and Trademark Office (USPTO). The following are common examples of non-distinctive trademarks:
- Merely descriptive trademarks
- Trademarks that are primarily merely surnames
- Deceptively misdescriptive trademarks
- Primarily geographically descriptive trademarks
Non-distinctive trademarks are normally only eligible for registration on the Supplemental Register (as opposed to the Principal Register). But, there are circumstances under which non-distinctive marks can be registered on the Principal Register. Those circumstances have to do with the concept of acquired distinctiveness under what is known as Section 2(f) of the Trademark Act.