2e Descriptive Refusal: What Does That Mean?

You got a 2e descriptive refusal from the USPTO...so what does that mean? In this post, we’ll talk about what a 2e descriptive refusal means and how you can respond.

Basically, a 2e descriptive refusal means the USPTO deems your trademark application to be descriptive of your services. Descriptive marks are not eligible for registration on the Principal Register. At this point you might have two options. Your first one is to have a well-drafted argument submitted to the USPTO office in support of your mark saying that it's not descriptive. You're arguing against the refusal that is issued. Another option could be to amend your application to the Supplemental Register. Admitting to the Supplemental Register says it might be descriptive but you think that you can acquire distinctiveness because the mark is descriptive right now but later on-- it might not be.

Now the Supplemental Register is a great option, but it does not give you all the rights of the principal. For many people supplemental is sufficient and for some they really want Principal Registration. This is going to depend on your business model, however, both of those options are not available to you if you received a generic refusal. 2e refusal marks that are generic do not get any trademark protection, principal nor supplemental, they have nowhere to go. 

An example is something that's generic, let's say car wash. A car wash is a car wash, right? It's a generic term to describe anywhere you can wash your car.You see them at gas stations standalone buildings, they can be anywhere. That would be a generic term. No one is going to be able to trademark that, get protection, and preclude others from using the term car wash.

So that is an advisory that you need to look out for on your office actions. If you want more help on your office action and your 2e refusal, feel free to reach out to hello@cenglishlaw.com. I would love to help!