The trademark office flagged your application due to your trademark being deemed too descriptive or generic.
Please watch this short video and read below so we can best support you in taking next steps.
The USPTO has flagged your trademark application because they believe your trademark is either too descriptive or generic. Here’s what that means in plain English:
• If it’s descriptive, the USPTO thinks your name just explains what you offer (like “Online Coaching Pros” or “Smart Fitness App”).
• If it’s generic, they think your name is simply the category itself (like “Lip Balm” or “Podcast”).
Depending on what the USPTO wrote in your Office Action, they may allow some flexibility—or not. Your specific options will depend on the exact language in their letter.
Once we’ve reviewed the office action, we’ll advise you on which of the following options would be best for you to take based on your situation:
If the USPTO allows it, we can amend your application to the Supplemental Register at no extra cost.
The Supplemental Register is a second-tier list of trademarks. It doesn’t offer the full legal benefits of the Principal Register, but it still gives you some important protections, like (1) being in the USPTO database or registered marks, (2) using the ® symbol, and (3) blocking others from registering confusingly similar marks. If you’re curious about how to move toward stronger protection, these articles can help:
• What Makes a Trademark Descriptive (and What to Do About It)
• The Difference Between Descriptive and Suggestive Brand Names
If the USPTO doesn’t allow the Supplemental Register—or if you want to pursue full protection on the Principal Register—you can argue that your brand has acquired distinctiveness (also called “secondary meaning”).
This means you’d be claiming that, even though your name is descriptive, it’s become known in the marketplace as your brand. To make this argument, we’d need to collect evidence of long-term use, sales numbers or customer reach, media coverage, and possibly even declarations or surveys. Because of the extra research and strategy involved:
• If you’re a MAX client, this response is included in your package.
• If you’re a PRO client, this type of response is not included, but we can provide pricing if you’d like to move forward with it.
If the odds of overcoming the office action aren’t great—or if you’re a PRO client and don’t want to pay extra for a response—you can take advantage of our Indie Law Promise.
We’ll file a brand-new application for free (including filing fees).
We’ll tweak what’s needed—like the wording, slogan, logo, or class—to improve the odds of approval.
This approach often leads to a cleaner path forward, especially when we can apply lessons from the refusal to strengthen your second filing.
You’re not required to respond or refile. Some clients choose to abandon the application if the brand isn’t central to their business or if they plan to rebrand anyway.
If that’s where you’re leaning, we’re happy to talk it through with you and make sure you’re making that decision with full clarity.
Many clients are frustrated to hear that their brand name is “too descriptive.” But this can actually be a great opportunity to strengthen your branding.
Descriptive names are harder to protect—and often harder to stand out with. If you’re open to exploring a more unique and protectable name, we can help guide you through that process. Long term, it can set your business up for better legal protection and stronger brand recognition.
And sometimes, even a rejection can give you clarity and confidence.
For example, LeBron James once tried to trademark “Taco Tuesday.” The USPTO rejected it for being too generic—and LeBron’s team responded by saying that was actually a win. Why? Because it meant no one else could claim exclusive rights to the phrase either. He could keep using it freely, without worrying about cease and desist letters from others.
Rejections like this
might sting at first—but they can actually clear the path forward.
At this point, most clients have what they need to make a decision. If that’s you, simply reply to the email we sent and let us know how you’d like to move forward.
Still unsure? Want to talk it through? Use the calendar to book a quick advisory call with our team. We’ll walk through the refusal, talk strategy, and help you choose the best next step based on your goals, budget, and the strength of your application.
Whatever path you take, we’ve got your back, and a plan to help you move forward.
