About The Case
Stibbs & Co. attorneys overcame a Trademark Office rejection and obtained a trademark registration for a client. The application was initially rejected by the Examining Attorney for being “merely descriptive.” A mark that is “merely descriptive” merely describes a feature or characteristic of the applicant’s goods or services and cannot be registered on the Principal Register. In response, Stibbs & Co. attorney Michael Ellis argued that the applied-for mark was suggestive, meaning that, when applied to the goods or services at issue, the mark required imagination, thought, or perception to reach a conclusion as to the nature of those goods or services. Mr. Ellis also presented evidence that the mark had acquired distinctiveness because of its long use and recognition in the market. The Trademark Office withdrew the rejection and issued a trademark registration to the client.