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May 19, 2025

Hello Reader,

Here’s a recent reminder from the Trademark Trial and Appeal Board (TTAB): sometimes, the name you pick for your product is just too on the nose to protect.

That was the case in In re Jacobs Corporation, where the company tried to register the word BLADE as a trademark for a “hammer sold as an integral component of hammer mill machines.”

The USPTO said no—and the TTAB backed them up.

Why? Let’s break it down:

🔍 Jacobs argued:

• Their product is a hammer, not a blade—it crushes, it doesn’t cut.
• The term "blade" describes something entirely different.
• Even the Examining Attorney called it “potentially descriptive”, not definitively so.

📎 The USPTO presented:

• Patents, articles, and advertisements all referring to “hammer blades” as components used in hammer mill machines.
• Jacobs’s own specimen (product image) resembled those commonly marketed as “blades.”

TTAB’s Ruling:

The word BLADE is “merely descriptive” because:
✅ It immediately conveys information about a form or feature of the product.
✅ Industry usage includes references to “hammer blades.”
✅ Descriptive words like this can’t function as trademarks unless they’ve acquired distinctiveness—and Jacobs hadn’t shown that.

They also denied Jacobs’s last-minute attempt to amend the application to the Supplemental Register because the proper request to suspend and remand the case wasn’t filed.

Trademark Tips from the BLADE Case:

🔹 Avoid generic or descriptive words unless you have a compelling reason—and can prove secondary meaning.
🔹 What the industry calls it matters—not just what you personally think it means.
🔹 Don’t wait until appeal to pivot—If you want to amend to the Supplemental Register, you have to follow the right process early.

The Bottom Line

If customers or competitors would instantly understand what your product is just from the name alone, it’s probably descriptive—and that’s a problem for registration.

Keep Your Brand Safe and Protected,​
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J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. Descriptive trademarks are one of the most common reasons USPTO applications get rejected. If you're in the early stages of naming a product, let’s review your options now—before the USPTO cuts your mark down.

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