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I will draft a section 2e1 merely descriptive uspto response
Licensed US Attorney Expert USPTO Trademark Responses
Hi, I’m Catherine Noveck (US Bar #353220), a licensed US attorney specializing in trademark law and USPTO Office Actions. I help businesses, startups, and e-commerce sellers protect their brands by ov...
About this Gig
Did the USPTO refuse your trademark for being "Merely Descriptive" under Section 2(e)(1)?
The USPTO often rejects marks that describe a feature, quality, or characteristic of a product. As a licensed US Attorney (Bar #353220), I, Catherine Noveck, can help you navigate this complex refusal.
We generally have two paths to overcome this:
- Argue Suggestiveness: I will draft a legal argument using case law to prove your mark requires "imagination, thought, or perception" and is suggestive, not descriptive.
- Supplemental Register: If the mark is truly descriptive, I will draft the legal amendment to move your application to the Supplemental Register, which still provides you with federal protection and the use of the ® symbol.
- Section 2(f): Arguing acquired distinctiveness if you have used the mark for 5+ years.
I provide expert legal drafting and document preparation so you can confidently respond to the Examining Attorney.
Send me your USPTO Serial Number today to see which strategy is best for your brand!
Field of law:
Intellectual property
Target country:
United States
Document type:
Lawyer confirmation
•
DMCA claims
Agreement type:
Power of attorney
Legal consulting Gigs are not screened
Please note that there is no screening process for this service. We recommend that you message the freelancer and check all necessary details before placing your order. Pro freelancers in this category have gone through a vetting process. You can find more details here.
FAQ
What is the difference between suggestive and descriptive?
A descriptive mark directly describes the product (e.g., "Cold Beer"). A suggestive mark requires imagination to understand the connection (e.g., "Netflix").
What is the Supplemental Register?
It is a secondary trademark register. It still allows you to use the ® symbol and sue for infringement, and after 5 years, you can apply for the Principal Register.
Can we just argue that it isn't descriptive?
Yes, if the facts support it. My Premium package includes researching case law to argue that your mark is suggestive and belongs on the Principal Register.
