Legal Definitions - descriptive word

A descriptive word, in the context of trademark law, is a term that directly portrays a quality, characteristic, purpose, or ingredient of a product or service.

Why it matters: Generally, descriptive words cannot be registered as trademarks. This rule exists to ensure that all businesses are free to use common language to accurately describe their own products or services without fear of infringing on another company's trademark. For example, a company selling sweet apples cannot prevent other apple sellers from using the word "sweet" to describe their apples.

The exception (Secondary Meaning): A descriptive word can sometimes be registered as a trademark if it has acquired "secondary meaning." This means that, over time and through extensive use and marketing, consumers have come to associate that descriptive word not just with the product's characteristic, but specifically with a single source or brand.

Here are some examples illustrating what constitutes a descriptive word:

• Example 1: "Comfortable Shoes"

  A shoe company launches a new line of footwear and wants to trademark the phrase "Comfortable Shoes."

  Explanation: This phrase is a descriptive word because it directly describes a desirable quality of the product—the shoes provide comfort. Allowing one company to trademark "Comfortable Shoes" would unfairly prevent other shoe manufacturers from truthfully describing their own comfortable footwear. Therefore, "Comfortable Shoes" would likely be refused registration as a trademark unless it could be proven that consumers exclusively associate this phrase with that specific company's brand due to extensive use and recognition (secondary meaning).

• Example 2: "Fast Internet"

  An internet service provider (ISP) wants to trademark the term "Fast Internet" for its high-speed broadband service.

  Explanation: "Fast Internet" is a descriptive word because it plainly describes a key characteristic and benefit of the service offered. Many ISPs aim to provide fast internet, and they should all be able to use this common phrase to describe their offerings. Granting trademark protection to one company for "Fast Internet" would hinder competition and the ability of other providers to accurately market their services.

• Example 3: "Organic Produce"

  A grocery store chain attempts to register "Organic Produce" as a trademark for its selection of fruits and vegetables grown without synthetic pesticides or fertilizers.

  Explanation: The term "Organic Produce" is highly descriptive; it directly communicates a specific quality and method of cultivation for the food items. This term is widely used in the food industry to inform consumers about a particular type of product. Granting exclusive trademark rights to one store for "Organic Produce" would prevent other stores and farmers from accurately labeling and marketing their own organically grown goods, which would be detrimental to consumers and fair competition.