Home » 2020 » July

Monthly Archives: July 2020

3. Distinctiveness in Trademark Law via Jarasek Law, LLC

 

There are four different categories of terms with respect to trademark protection.

Arrayed in ascending order which roughly reflects their eligibility to trademark status and the degree of protection accorded, these classes are (1) generic, (2) descriptive, (3) suggestive, and (4) arbitrary or fanciful.

The lines of demarcation, however, are not always bright.

Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4 (2d Cir. 1976).

  • Takeaways
    • Creating a distinctive mark is important for the following reasons:
      • Distinctiveness is a requirement of a trademark law;
      • If your mark is not distinctive, it will not register; and
      • Having a distinctive mark will likely keep the trademark registration process and enforcement costs down
    • Understanding the Distinctiveness Categories
      • Generic (not protected)
      • Descriptive
      • Suggestive
      • Arbitrary
      • Fanciful (most protected)
    • Descriptive marks v. Suggestive marks
      • Imagination Test
      • Competitors’ Needs Test

The choice of a lawyer is an important decision and should not be based solely on advertisements. This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Jarasek Law, LLC through this site does not form an attorney-client relationship. This site is legal advertising. Please review the full disclaimer for more information.

 

There are four different categories of terms with respect to trademark protection. Arrayed in ascending order which roughly reflects their eligibility to trademark status and the degree of protection accorded, these classes are (1) generic, (2) descriptive, (3) suggestive, and (4) arbitrary or fanciful. The lines of demarcation, however, are not always bright. Abercrombie & […]

via 3. Distinctiveness in Trademark Law — Jarasek Law, LLC