What is descriptive trademark?
Conventus Law: What is a descriptive mark, and are they protectable under India’s trademark laws? … Effectively, if the trademark contains or describes the characteristics or features which directly identify or specify the products or services enlisted under the mark then it is considered to be a descriptive mark.
Can descriptive words be trademarked?
Marks that are merely descriptive are not protected or accorded trademark rights. This is because they do not identify and distinguish the source of products or services. Marks that are mis-descriptive are also not protected.
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 are the 4 types of trademarks?
Trademarks can generally be categorized into one of four categories of distinctiveness, from most to least distinctive: coined, arbitrary, suggestive and descriptive. Words and designs that lack any distinctiveness fall into a fifth category, “generic,” and cannot function as trademarks.
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 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.
Is Apple TM or R?
For publications that will be distributed outside the United States, do not include trademark symbols.
Apple Trademark List*
|Apple’s Trademarks||Generic Terms|
|Apple’s Trademarks Apple®||Generic Terms computers, computer software, computer peripherals, etc.|
Is Apple a fanciful trademark?
At one end of the spectrum are the strongest types of trademarks, which are known as fanciful. These are neologisms, invented words, terms that are completely made up. … “APPLE” for computers is an example of a famous arbitrary trademark. These are also considered inherently distinctive.