Likelihood of confusion is a fact-specific analysis.
Actionable dilution may occur even in cases involving non-competing goods, and even if there is no likelihood of confusion. Descriptive marks, however, may be registered on the Supplemental Register. A mark is considered to be merely descriptive if it describes an ingredient, quality, characteris tic, function, feature, purpose or use of the goods or services to which it is applied. A rejection based on deceptive misdescriptiveness may be overcome by a showing of acquired distinctiveness. Such marks are registrable only upon a showing of secondary meaning through use.