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Trademark refused - deemed "merely descriptive"[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Tom Patton on December 06, 2000 at 15:27:05: My lawyer filed a trademark application a year ago. I have since discontinued my relationship with that attorney. I just got notice that my trademark has been deemed "merely decsriptive", to which I disagree. Two questions: How do I go about refuting that it is discriptive? and ... Since they tell me it can be registered in the Supplemental Register, do I lose the right to keep others with like product from my trademark in the Supplemental? Can I rewrite a word or two to my original application that might make it clearer that the trademark isn't descriptive? It all surrounds the terminology of a "booth" as in a trade show booth. They think it is descriptive in my name yet in actuality, they have a misunderstanding of what a "booth" is, and are confusing it with a display or booth furnishings. What do you think...how do I effectively go about convincing them I am right?
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