“A trader cannot appropriate to his exclusive use words or symbols which (in the application he is to make of them) are public property. The right of all to use descriptive words in their ordinary and usual meaning must not be restricted. No sign or form of words may be appropriated as a trade-mark, for use in its primary meaning, which, from the nature of the fact conveyed by that primary meaning, others may employ with equal truth, and with equal right, for the same purpose.” Harry D. Nims, The Law of Unfair Competition and Trade-Marks 524 (1929).
descriptive word
descriptive word. Trademarks. A term that portrays a general characteristic or function of a product or service. • A descriptive word may not be registered as a trademark unless it has acquired secondary meaning in the minds of consumers so that it is directly associated with one brand. [Cases: Trade Regulation 164. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition § 162.]
