What is descriptive mark in 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.
What are the four 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 are the three types of trademark?
General Types of Trademarks
- Generic Mark.
- Suggestive Mark.
- Descriptive Mark.
- Arbitrary Mark.
- Fanciful Mark.
What is descriptive fair use in trademark law?
Descriptive fair use permits use of another’s trademark to describe the user’s products or services, rather than as a trademark to indicate the source of the goods or services. … Here, the trademark is used only to describe the thing rather than to identify its source, and does not imply sponsorship or endorsement.
Can you trademark a descriptive word?
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 is an example of a descriptive trademark?
In general, a descriptive mark is a word (or words) that merely describes a product or its ingredient, quality, characteristic, function, feature, purpose or use. An example of a merely descriptive mark would be COLD AND CREAMY for ice cream. Marks of this type are generally not granted trademark protection.
Which types of trademarks Cannot be used?
Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
Is logo a trademark?
Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.
What is difference between wordmark and trademark?
A word mark is simply typed in standard character format without regard to the font, style, size or color. In a trademark application for a word mark, you are essentially seeking registration of the wording (or lettering) without regard to its style, design, font or any graphic features.
Is Apple a trademark?
What Are Trademarks? … The Apple trademark is a good example: While an apple cannot be copyrighted, its artistic representation can be—its use as a symbol for an electronics and software company is protected as a trademark.
How much does a trademark cost?
Filing Cost of a Trademark Application Online
The fees for electronically filed trademark applications generally range from $250 to $350 for each class of goods or services.
What happens if I use someone else’s trademark?
If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.
How do you legally use a trademark?
To legally use a trademark in a business setting, you must use the correct symbol with it. If the trademark is registered with the USPTO, the symbol ® should appear after the mark. For unregistered trademarks, TM (trademark) or SM (servicemark) should appear instead of the ® symbol.
What happens if you use a trademark without permission?
United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.