Trademark Office Action Response
(Mere Descriptiveness)

Summary

This template is a trademark office action response that a trademark applicant can use to respond to an office action refusing registration of a proposed mark based on mere descriptiveness under Section 2(e)(1) of the Lanham Act (15 U.S.C. §1052(e)(1)). The template includes practical guidance, drafting notes, alternate clauses, and optional clauses. This response assumes that the applied-for mark is a standard character mark (also known as a word mark) and that applicant's mark is for goods. If your office action involves services or additional grounds for refusal, revise this response accordingly. For guidance on responding to descriptiveness refusals, see Trademark Examination Process — Descriptiveness Refusals. For summaries of relevant Trademark Trial and Appeal Board (TTAB) decisions, see TTAB Decision Tracker: Mere Descriptiveness. For additional resources on the trademark registration process, see Trademark Registration and Maintenance Resource Kit.