Upon application for U.S. trademark registration, the examining attorney will examine your proposed trade mark to ensure that it functions as a trademark. A mark will be deemed as able to function as a trademark if it is able to distinguish the goods / services of one undertaking from those of another and that it is not wholly descriptive in nature.
The U.S. Trademark Act prohibits registration on the Principal Register if a mark, as used on the specimen of record (the goods you sell), merely identifies a model, style or grade designation, and would not be perceived as a trademark for the goods identified in the application.
Matter that is used merely as a model, style or grade designation serves only to describe the particular product in terms of its quality, size or type, and does not serve to identify the source of the goods. However, if the matter sought to be registered has come to be perceived by consumers as a source indicator in addition to its other function as a model or grade designation, then the term may be registrable as a trademark.
If your mark is simply a model type of a particular good, you will possibly face a refusal from the examining attorney on this basis.
For more information on whether your mark is eligible for trademark protection in the U.S. please contact us to conduct a trademark search.
