Trademark Blog

What is a Deceptively Misdescriptive Trademark?

Deceptively Misdescriptive Trademark

A deceptively misdescriptive trademark (as opposed to a deceptive trademark) is only eligible for registration with the United States Patent and Trademark Office (USPTO) on the Principal Register if it has acquired distinctiveness or “secondary meaning” in the minds of consumers. Otherwise, a deceptively misdescriptive trademark is only entitled to registration on the Supplemental Register. I encourage you to read my article titled “Supplemental Register vs. Principal Register – What is the Difference?” to learn more about the important distinctions between the two registers maintained by the USPTO.

What is a Deceptive Trademark for Purposes of Trademark Registration?

Deceptive Trademark

A deceptive trademark (as opposed to a deceptively misdescriptive trademark) is not eligible for registration with the United States Patent and Trademark Office (USPTO) under any circumstances. The Lanham Act (which is the law that governs federal trademark registration) specifically prohibits the registration of a trademark that “consists of or comprises deceptive matter.” This means that the USPTO is legally obligated to refuse registration of your trademark if it determines that your mark is wholly deceptive or includes a deceptive term.

U.S.-Licensed Attorney Helping Foreign Trademark Applicants

u.s.-licensed attorney

I’m U.S.-licensed attorney Morris Turek and I assist individuals and businesses located outside of the United States with their important U.S. trademark matters. Since 2005, I’ve helped clients located on six continents (no Antarctica penguins have hired me yet) file their trademark applications, renew their trademark registrations, and defend their trademark rights. As a U.S.-licensed attorney, I’m legally able to work with foreign individuals, businesses, and organizations no matter where in the world they happen to be. I’ve implemented affordable and predictable flat fee trademark pricing for the vast majority of my services, and I offer numerous payment methods so that they can choose the one that’s most cost-effective for them. In addition, I can easily communicate with non-U.S. residents through Skype, my Facebook business page, email, and the old-fashioned telephone. I just want to make it easy for people residing outside of the U.S. to contact me and to work with me on all of their various trademark-related matters.

What are Common Law Trademark Rights?

common law trademark

Common law trademark rights are an extremely important concept in trademark law. In the United States, owners of common law trademark rights have significant protections against others who may seek to use a confusingly similar trademark to advertise and sell related products or services. These rights can be enforced in a court of law and monetary damages may be awarded to a trademark owner whose common law rights were found to have been violated by someone else.

How to Petition to Revive an Abandoned Trademark Application

Petition to Revive Abandoned Trademark

If your trademark application has gone abandoned because you unintentionally failed to timely file the Statement of Use, an Extension of Time, a response to a trademark office action, or a response to a suspension inquiry, you may be able to revive your abandoned trademark application by filing a Petition to Revive.