What is not to be considered a distinctive trademark?

What would be a distinctive trademark?

Distinctive trademarks are:

Different from other marks used to describe similar goods and services. Ones which include a visual description of the type of goods or service. Recognized as identifying the source of the goods or service.

What is a non distinctive trademark?

Acquired distinctiveness

A trademark with no distinctive character (i.e. a mark which is not inherently distinctive) is prima facie unregistrable. … Consumer surveys may also help establish that consumers chiefly associate an otherwise non-distinctive mark with the trademark owner and its products or services.

What is not a trademark?

A trademark is a sign which distinguishes company’s goods or services. Therefore, a sign which is unable to do this is not a trademark. … A shape cannot be a trademark if it (1) results from the nature of the goods themselves, (2) gives a substantial value to the goods, or (3) is necessary to obtain a technical result.

What kind of trademarks Cannot be registered?

Descriptive trademarks cannot be registered. Marks that have become customary in the current language. For example, a consumer associates a restaurant with a chef. Apart from this marks that are deceptive, hurt religious sentiments, are obscene or describe the shape of the good cannot be registered.

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Does a trademark have to be distinct?

Most people understand trademarks as brands and logos. … To obtain a federal trademark registration, a party must prove their mark is distinct or in other words, they must be capable of identifying the source of a particular good.

What makes a trademark generic?

A trademark can become “genericized” if the mark becomes identified with a type of product or service in the public’s mind, rather than a particular brand. Aspirin, yo-yos, and cellophane became generic through consumer misuse of the trademarks to refer to these products.

Is Google a fanciful trademark?

Fanciful or Coined Marks.

A fanciful or coined mark is at the strongest end of the spectrum because it is inherently distinctive. Such a mark consists of a combination of letters that has no meaning; thus, it is an invented word. Examples are GOOGLE for online services, ROLEX for watches, and XEROX for copiers.

What are the five levels of trademarks?

Types of trademarks for products include five main categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark. A generic trademark actually doesn’t qualify for a trademark unless it includes more specific detail.

What are the 3 types of trademarks?

There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.

Can you use trademark word?

A word is a trademark if that word identifies a brand, regardless of whether the word itself is registered. However, unregistered trademarks with the USPTO are only trademarked within the company’s geographical area. … Use the trademark symbol (TM) for a trademark that isn’t registered with the USPTO.

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What happens if a trademark is refused?

If the registration is refused the applicant has the final option of appealing to the Intellectual Property Appellate Board (hereinafter referred to as IPAB). … The appeal must be filed in the prescribed manner following the TradeMarks (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules.

What are the grounds for refusal of registration of a trademark?

A Mark shall not be registered as a Trade Mark if it causes:

Confusion or deceives the public; or. Hurts religious susceptibilities of class/ section of citizens of India; or. Comprises/contains scandalous/obscene matter which is against the morality of the public; or. Is prohibited under the Emblems and Names Act, …