Descriptive Trademarks

By Wei Wei Jeang

A trademark enables a company to establish a distinctive brand identity that can become synonymous with its goods or services. However, many clients—lacking creative inspiration—often propose marks that are too closely tied to the products or services themselves. The trademark attorney’s role, therefore, often involves guiding clients toward adopting marks that are more distinctive and legally protectable.

In trademark law, a mark that is “merely descriptive” of the associated goods or services cannot be registered on the Principal Register. A mark is considered descriptive if it immediately conveys information about an ingredient, quality, characteristic, function, feature, purpose, or use of the goods or services.

Recently, Litehouse, Inc. learned this principle the hard way. The company’s attempt to register the tagline VEGGIES IN EVERY BITE for pasta and related food products was rejected on appeal by the Trademark Trial and Appeal Board (TTAB). The Board held that the mark was merely descriptive. See In re Litehouse, Inc., Serial No. 97501419 (TTAB Mar. 11, 2026) (non-precedential) (opinion by Judge Angela Lykos). Litehouse argued that the tagline was suggestive rather than descriptive because it required imagination or thought to connect it with the goods.

The TTAB disagreed, explaining that it is well established that a proposed mark referencing an ingredient of the product is merely descriptive. The mark need not identify the goods explicitly. Litehouse had acknowledged that its pasta contained vegetables, and its own website used the phrase descriptively: “Say hello to your new favorite pasta! Our 3‑ingredient pasta is filled with veggies in every bite.” The Board also noted that competitors commonly use similar wording in advertising, and they must remain free to use this everyday language to describe their own products.

In the end, the key to a strong protectable trademark lies in creativity. Clients should resist the temptation to use words to describe their products/services and instead channel their energy and resources to develop marks that are suggestive or fanciful to avoid the mere descriptive refusal at the USPTO. It is also easier to build a distinctive brand identity around such trademarks that competitors cannot easily imitate. Working with an experienced trademark counsel early in the process can ensure the chosen mark strikes the perfect balance between market appeal and legal strength.