Descriptive trademark meaning
WebDefined by the USPTO trademark manual, a suggestive trademark is a brand name which suggests the underlying characteristics of a product, service, or company, without describing the organization outright. Suggestive trademarks require a level of thought or perception to bring customers to a specific conclusion about a brand. WebThe Trademark Examining Attorney has refused registration of Applicant’s mark under Trademark Act Section 2(e)(1), 15 U.S.C. § 1052(e)(1), on the basis that the mark is merely descriptive of the goods. After the Trademark Examining Attorney made the refusal final, Applicant filed a request for reconsideration and appealed to this Board.
Descriptive trademark meaning
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WebParagraph 1: Cre-ate at least three possible brand names for the Ann Arbor-based sub-sandwich shop, formerly known as Big Mike's Subs. Paragraph 2: Using the internet, familiarize yourself with the terms associated with trademark strength — fanciful, arbitrary, suggestive, descriptive, and generic. Now, label each of your brand-name ideas ... WebFeb 10, 2024 · Descriptive marks are a type of trademark that are usually composed of a word or words that merely describe a product or that identify the characteristics of a …
WebDescriptive trademarks are not inherently distinctive, although they can acquire distinctiveness after it becomes associated in the minds of the public with the relevant good or service. This type of trademark describes a characteristic, quality, feature, or purpose of the goods or services ex. Best Buy, Bank of America etc. WebThus, for descriptive marks, there may be a period after the initial use of the mark in commerce and before it acquires secondary meaning, during which it is not entitled to trademark protection. Once it has achieved secondary meaning, trademark protection kicks …
WebMar 28, 2024 · [This post is authored by our former blogger Rahul Bajaj. Rahul is an attorney at Ira Law.] On 24 th February, Justice Navin Chawla of the Delhi High Court … WebHowever, even if the mark is initially descriptive, it may nonetheless become protectable as a trademark on the Principal Register if the applicant can show that the mark has acquired distinctiveness or secondary meaning over time. A mark obtains secondary meaning where is not only identifies the goods or services, but their source.
WebSecondary meaning. A secondary meaning is an additional meaning acquired by a non-distinct trademark through its commercial use. To acquire federal trademark protection, a non-distinctive mark must become associated with a single commercial source in the minds of consumers. (See, e.g., the term “apple.”) Secondary meaning can be measured in ...
WebA descriptive mark is considered the weakest of protectable trademarks. So long as a descriptive mark is capable of being a source identifier (i.e. has secondary meaning, or has come to identify the source of the goods or services in the minds of consumers), it is registrable with the USPTO if there are no other conflicting marks. bishop archery broadheadsbishop arborist supplyWebMar 22, 2024 · A merely descriptive mark is something that gives the customer an immediate idea of what the name entails and requires no existing knowledge to make sense of. A suggestive mark, on the other hand, is something that alludes to its purpose but doesn’t explicitly state it. In other words, it requires some of the customer’s imagination … dark forest shower curtainWebAug 27, 2024 · Meaning that competitors can also use that “trademark” without trademark infringement. The reason there’s no trademark infringement is because consumers generally do not perceive descriptive terms as source … bishop area climbers coalitionWebJul 11, 2024 · Descriptive Trademark Vs. Suggestive Trademark Issues: Mixed Culture ... as demonstrated by the definition itself which include activities not generally associated with parties, such as literature. Therefore, in determining that the term Mixed Culture connotes parties, the examining attorney made an imaginative leap and merely … dark forest stories scooby-dooWebDescriptive Marks — These are terms that describe characteristics of goods or the goods themselves. It's hard to get trademark rights for descriptive marks without gaining … bishop archeryWebDec 16, 2024 · This usually is appropriate where the trademark concerned has a descriptive meaning in addition to its secondary meaning as a trademark. For example, WD-40 Company’s use of the term “inhibitor” was found to be descriptive fair use of the registered mark THE INHIBITOR when used to describe a long-term corrosion inhibitor … dark forest red riding hood