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How can I overcome a Section 2(e)(2) refusal of my trademark application?

Founder & Trademark Attorney

The main strategies are arguing that the geographic term is not of primary significance in the mark, demonstrating that consumers do not primarily associate the term with a geographic location, or proving acquired distinctiveness.

If the geographic term is a minor element of the mark and the dominant distinctive elements are non-geographic, argue that the overall mark is not primarily geographically descriptive. If the geographic term has a well-established secondary meaning as a brand name rather than a place name in the relevant market, that can also be argued.

For marks with long and exclusive commercial use, evidence of acquired distinctiveness; demonstrating that consumers associate the mark with a single commercial source rather than with the geographic region; can overcome the refusal.

Alternatively, the application can be amended to the Supplemental Register, which does not require proof of distinctiveness but provides more limited rights.

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