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Trademarks - How They Are Classified

CLASSIFICATION OF TRADEMARKS FANCIFUL A trademark is fanciful if it was invented for the sole purpose of being a trademark, such that it has no other meaning whatsoever. A fanciful trademark provides the greatest amount of trademark protection. 00 ARBITRARY An arbitrary trademark generally has some type of dictionary definition before being adopted as a trademark. However, the trademarks is used in connection with products or services unrelated to that meaning. Because of this secondary meaning, arbitrary trademarks are very strong marks. SUGGESTIVE Suggestive trademarks are marks that suggest a quality or characteristic of the goods and services. While these marks are not as strong as fanciful or arbitrary marks, suggestive marks are one of the most common form of trademarks registered. The reason for this is due to the marketing advantage of being able to associate a trademark with a particular good or service. DESCRIPTIVE Descriptive trademarks are used to merely describe the services or goods where the mark is being used. A descriptive trademark cannot, by itself, be registered as a trademark because it is inherently weak. It is possible to register descriptive trademarks if you can achieve a secondary meaning for the trademark. Secondary meaning means that although the mark is descriptive on its face, consumers are able to recognize the mark as being able to indicate a source of goods or services. GENERIC Generic trademarks are not trademarks at all. The reason for this is because a generic mark is a common name for products or services. Giving this generic mark any type of protection would essentially create a monopoly, such that the public would suffer greatly if only one person or company would be able to use that mark. Author : Cordero Law LLC www.mycorderolaw.com 111

Trademarks - How They Are Classified

shared by julian3 on Apr 30
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Trademarks are a form of intellectual property. Specifically, a trademark is used to identify and distinguish the source of the goods or services. There are many categories to describe trademarks, all...

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