Descriptive Trademarks: Why They Are Risky and How to Strengthen Them
Written by JLG - March 8, 2025
A trademark plays a key role in protecting a brand’s identity. However, not all trademarks offer the same level of legal protection. Descriptive trademarks are among the weakest because they directly describe a product or service, making them difficult to register and enforce. While they can sometimes gain protection, doing so requires effort and strategy.
What Is a Descriptive Trademark?
A descriptive trademark explains a characteristic, function, or quality of the product or service it represents. Unlike more distinctive trademarks, descriptive marks do not require consumers to make a mental connection between the name and the product.
Some examples include:
- Cold and Creamy for ice cream
- Fast Car Wash for a car cleaning service
- Fresh Baked Bread for a bakery
These trademarks struggle to gain legal protection because they use common words that competitors may also need to describe their own products.
Why Descriptive Trademarks Are Risky
Difficult to Register
The United States Patent and Trademark Office (USPTO) often rejects descriptive trademarks because they do not distinguish a brand from others in the same industry. A strong trademark must be unique enough to prevent confusion among consumers.
Hard to Enforce Against Competitors
If a trademark is too descriptive, other businesses can use similar terms without infringing on the mark. For example, if a bakery named “Fresh Baked Bread” tried to stop another bakery from using the phrase, they would likely fail because the words are commonly used in the industry.
Risk of Becoming Generic
Even if a descriptive trademark gains some recognition, it can still be at risk of becoming generic over time. If the public comes to see the trademark as a general term rather than a specific brand, it could lose any legal protection it may have acquired.
How to Strengthen a Descriptive Trademark
While descriptive trademarks are not ideal, businesses that already use them may be able to strengthen their legal protection.
Develop Secondary Meaning
A descriptive trademark can become protectable if it gains secondary meaning, meaning consumers associate the name specifically with the business rather than the product itself. This often requires:
- Long-term and exclusive use of the trademark
- Extensive advertising and marketing
- Customer surveys proving brand recognition
Add a Unique Element
Combining a descriptive term with a distinctive word, logo, or design can help strengthen the mark. For example, “Johnson’s Fresh Baked Bread” includes a unique identifier that makes the name more recognizable.
Use the Trademark Consistently
Consistent branding across all marketing materials, packaging, and online presence can help establish the trademark in consumers’ minds as a brand rather than a generic term.
Register on the Supplemental Register
If a descriptive trademark does not yet have secondary meaning, it may qualify for the Supplemental Register instead of the Principal Register. While this does not provide full trademark protection, it can help establish legal recognition and serve as a stepping stone to stronger rights.
Is a Descriptive Trademark Worth Keeping?
Businesses that rely on a descriptive trademark may face challenges in securing and enforcing legal rights. If a brand is still in its early stages, choosing a more distinctive name may be a better long-term strategy. However, for businesses with an established descriptive mark, steps can be taken to build stronger protection over time.
Need Help Strengthening Your Trademark?
If you are unsure whether your trademark is strong enough, or if you need help securing legal protection, we offer free consultations. Contact us today to discuss your options.