A merely descriptive mark is a descriptive mark that has not yet acquired distinctiveness or secondary meaning. 

 

Descriptive -- A descriptive mark is a mark with a definition that is directly related to some feature or aspect of the mark, such that the nature of the goods is immediately understood by consumers from viewing the mark, without any thought or imagination on the part of consumers.  For example, AMERICAN AIRLINES is considered a descriptive mark because the term American is geographically descriptive.  A mark found to be merely descriptive cannot be registered on the Principal Register without a showing of acquired distinctiveness or secondary meaning.  Merely descriptive marks can be registered on the Supplemental Register prior to establishing acquired distinctiveness or secondary meaning.  Click on the highlighted words at the end of this sentence for a table showing the differences in rights conferred between the Principal and Supplemental Register.

 

The strength of a mark initially depends upon where it falls on the following continuum from weakest to strongest.

 

Generic    -->    Descriptive    -->    Suggestive    -->    Arbitrary    -->    Coined