What is a distinctive trademark?
What is Trademark Distinctiveness? … The ability of a mark to “identify and distinguish” a good or service is known as “distinctiveness.” If a proposed mark is not distinctive, it is ineligible for federal trademark protection and the many benefits associated with registration.
What is trademark and its features?
Trademark means any sign capable of being represented graphically, and of distinguishing goods and services of one undertaken from those of another. A trademark may consist of words (including personal names), figurative elements, letters, numerals or the shape of goods or their packaging.
Why should a trademark be distinctive?
Our first topic is distinctiveness. The essential function of any trademark is to guarantee the identity of the origin of the marked goods or services to the consumer. In order to fulfil that function a trademark must be able to distinguish itself from other marks or signs.
What are the most distinctive trademarks?
This means that trademarks are protectable only if they are distinctive. Trademarks and service marks are judged on a spectrum of distinctiveness, arbitrary and fanciful trademarks are considered to be the most distinctive.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
What is trademark in simple words?
A trademark is an easily recognizable symbol, phrase, or word that denotes a specific product. It legally differentiates a product or service from all others of its kind and recognizes the source company’s ownership of the brand.
What is the main function of a trademark?
The main function of a trade mark is to enable customers to recognise the goods or services as originating from a particular trader. Trade marks can be registered nationally or EU-wide.
How do you distinguish a trademark?
7 Factors For Identifying Trademark Likelihood of Confusion
- Protecting Profits & Brand Integrity. …
- Relatedness of Goods or Services. …
- Similarity of Marks. …
- Similarity In Appearance. …
- Similarity In Sound. …
- Similarity In Meaning. …
- Design Marks. …
- Likely to Deceive.
Is surnames alone can be trademarked?
Trademark law is intended to protect the owner’s original work. To qualify for federal protection, a mark must be distinctive and have a “secondary meaning.” Surnames alone can be trademarked.
What is trademark dilution and give an example?
For example, a famous trademark used by one company to refer to hair care products might be diluted if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that applies only to famous marks.