Legal Dictionary of Pakistan

descriptive mark

A trademark merely describing the goods to which it is affixed. 0 The trademark will be protected only if the user can demonstrate secondary meaning. - Also termed descriptive trademark. See SECONDARY MEANING."The bar against descriptive marks simply reflects the requirement of distinctiveness. 15 U.S.C.A. § 1052(e)(1). It often is said that a mark should not be analyzed in a piecemeal fashion. Instead, the mark as a whole must be tested for descriptiveness orapple' would be a descriptive name for that fruit, and, as a mark, would serve only to confuse the consumer, for it would tell nothing about the different origins of a selection of apples produced by different producers. Moreover, to allow an owner to pre