Terms, designs, etc which lack distinctiveness are not eligible for federal trademark registration. Under US Trademark Law, distinctiveness is measured by the five categories discussed below. Registerability Under US Trademark Law, trademarks are considered “source identifiers” and as such should identify the source of the goods/services but not the nature of the goods/services. Terms which identify the nature of the goods/services by describing the goods/services or are gen

For authors seeking to acquire trademark protection of their literary titles, navigating the application and prosecution with the United States Patent & Trademark Office (USPTO) can be quite difficult. The essential purpose of a trademark is to serve as a source identifier for particular goods and/or services, giving notice to consumers that the goods and/or services are quality controlled by a specific supplier. The trademark must be unique, not immediately conveying the nat