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Acquired Distinctiveness

Survey | Rebuttal

One of the most common reasons why a trademark application may be refused on the Principal Register of the United States Patent & Trademark Office (USPTO) is because the mark is not inherently distinctive and it is lacking acquired distinctiveness.

Trademarks that are merely descriptive of the goods or services and lacking in acquired distinctiveness or not inherently distinctive will only be registered on the Supplemental Register. 

A term that is descriptive may acquire unique significance overtime through the trademark owner’s usage. If this occurs, then the relevant public will associate the trademark with a particular source, manufacturer or producer.

Rhonda Harper conducts surveys to provide actual evidence of distinctiveness.

Secondary Meaning Expert  

Ms. Rhonda Harper has conducted and rebutted hundreds of trademark and trade dress surveys. She is an expert in how to prepare or rebut an acquired distinctiveness survey.

Ms. Harper ensures that she selects the correct universe and the most appropriate methodology. She uses state-of-the art survey tools, hosting platforms, and works with only the best-in-class sample companies.

Contact Rhonda Harper

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