I am fighting a trademark denial of a restaurant whose name is allegedly entirely composed of geographic (words describing a geographic region) and product descriptors (words describing the product they sell), and have a question regarding possible defenses.
Thus far my potential defenses are as follows: (1) The name is not descriptive because word #1 does not give reasonably accurate (tolerably distinct) knowledge, as to what the product is made of, and (2) albeit a geographic descriptor, word #2 is entitled to trademark protection because the mark has, by association with business, come primarily to identify it's user, rather than the product.
For example, the name of the restaurant is akin to "west coast hoagie."
QUESTION: although I'm sure my chances of success are limited, are there any additional defenses that could potentially be levied in this scenario?
Thus far my potential defenses are as follows: (1) The name is not descriptive because word #1 does not give reasonably accurate (tolerably distinct) knowledge, as to what the product is made of, and (2) albeit a geographic descriptor, word #2 is entitled to trademark protection because the mark has, by association with business, come primarily to identify it's user, rather than the product.
For example, the name of the restaurant is akin to "west coast hoagie."
QUESTION: although I'm sure my chances of success are limited, are there any additional defenses that could potentially be levied in this scenario?
Trademarks: Defenses Against "Geographic Descriptor" and "Product Descriptor" Denials
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