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Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end, "generic" and "descriptive" marks with no distinctive character at the other end, and "suggestive" and "arbitrary" marks lying between these two points. "Descriptive" marks must acquire distinctiveness through secondary meaning—consumers have come to recognize the mark as a source indicator—to be protectable.[1] "Generic" terms are used to refer to the product or service itself and cannot be used as trademarks.
^Battersby, Gregory J. (2003). Trademark & copyright disputes : litigation forms and analysis. Grimes, Charles W. New York, NY: Aspen Publishers. ISBN 0-7355-3515-9. OCLC 51098248.
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Trademarkdistinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable...
of England requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In...
of such, to signify the distinctiveness or source of a product or service. In many countries, well-known unregistered trademarks may be protected by a common...
Jacobson Products Co., Inc.. The trademark owner must show that the trademark colour has acquired substantial distinctiveness, and the colour indicates source...
A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand...
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance...
Cir. 1976) (established the spectrum of trademarkdistinctiveness in the United States, breaking trademarks into classes which are accorded differing...
Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration...
Siegrun D. (2002). Trademark law: a practitioner's guide. Practising Law Institute. pp. 5–15. ISBN 978-1-4024-0227-2. "Losing distinctiveness a big deal in...
United States federal law which protects famous trademarks from uses that dilute their distinctiveness, even in the absence of any likelihood of confusion...
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees...
similarity of the products or services involved and whether the trademark has acquired distinctiveness. A registered trade mark is relatively simple to defend...
A sound trademark, sound logo, or audio logo is a trademark where sound is used to perform the trademark function of uniquely identifying the commercial...
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would...
Canadian trademark law provides protection to marks by statute under the Trademarks Act and also at common law. Trademark law provides protection for distinctive...
inherently distinctive. The Trademark Trial and Appeal Board affirmed the decision of the examiner that the mark was not inherently distinctive with one...
case-sensitive and are listed in uppercase by trademark registrars such as the United States Patent and Trademark Office, even if they are always cased in...
can no longer be "inherently distinctive"; it must acquire distinctiveness through "secondary meaning". Distinctiveness through secondary meaning means...
some of its trademarked terms and a distinctive logo to help consumers identify these products. This was known as the d20 System Trademark License (d20STL)...
brand is now distributed in over 190 countries. Campari is a registered trademark of Davide Campari Milano S.P.A., which is part of Gruppo Campari (Campari...
court further ruled that UGG was a well-known trademark that has gained recognition and distinctiveness worldwide, and while acknowledging the challenger's...
products but of guises, get-ups, names and symbols which identify the distinctiveness of the source. The second element, a misrepresentation that leads to...
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