Reply to a Rejection Based on Descriptiveness

Our client's mark (a name describing the service's nature) was rejected as descriptive and lacking inherent distinctiveness. The client had used the mark for 7 years in market.

We filed a response built on the principle of acquired distinctiveness with evidence: market surveys, sales figures, market share, and marketing materials going back years. We proved the market associates the mark specifically with our client.

The Authority reversed the rejection and accepted the registration. The mark became a reference for how to establish acquired distinctiveness.