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somebody asked me the other day angela can i register a descriptive trademark if i spell it differently well no you cant and thats what im going to talk about here in the next four minutes im angela langlotz trademark and copyright attorney and i go live here on weekdays to talk trademarks and copyrights so many of you are coming to me to register descriptive trademarks and those are really really hard to register unless youve been using them for more than five years so sometimes people will come to me with a new brand and theyll say angela i want to register this trademark and ill say how long have you been using it and they say i havent used it yet its a brand new business and i give them the bad news that descriptive marks are not registerable if you havent been using them for a while so i wanted to do a case study i saw something the other day that i thought would make an excellent case study so let me give you some background there is a rule in trademark land that you ca