Legal Question in Intellectual Property in New York

Re: Can a registered trademark be considered descriptive?

Unlike arbitrary or fanciful marks, marks deemed descriptive are initially considered legally weak and do not receive much legal protection. If federal registration is sought, they are usually placed on the Supplemental rather than Principal Trademark Register. After a descriptive mark has been in use for five years, however, it can be moved to the Principal Register on the premise that it has become well known through public exposure. Descriptive marks require careful management to protect the underlying brands against weakening or complete loss of legal protection.

USPTO generally does not provide legal advice (though their decision to place a mark on the Supplemental Register would be a hint) so if you need it in connection with registration or maintenance of a mark, consult a qualified IP attorney.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

Re: Can a registered trademark be considered descriptive?

There are situations where you could obtain some protection for a descriptive mark. The USPTO will not give you advice, but if your mark is rejected for being descriptive, the USPTO will tell you that.