If your trademark application is dismissed due to descriptiveness, you may consider the following options:
- Provide evidence of the mark's distinctiveness: If you disagree with the examiner's characterisation of your mark, you may prove that the mark has acquired distinctiveness through use, has a secondary meaning or includes a unique element lending it distinctiveness.
- Register on the Supplemental Register: If the mark is not inherently distinctive, you may consider registering it on the Supplemental Register, which provides some level of protection but not as much as the Principal Register. Over time, with continued use and recognition, you may be able to move the mark to the Principal Register.
- Appeal the decision: In some cases, you may appeal the decision to the TTAB, a higher authority within the USPTO.
- Consult with a trademark attorney: It's highly recommended to consult with a trademark attorney who can assess the specifics of your case, provide tailored advice, and assist you in saving your trademark.
Keep in mind the most suitable strategy will depend on the circumstances of your case.
