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The following partial list contains marks which were originally legally protected trademarks, but which have subsequently lost legal protection as trademarks by becoming the common name of the relevant product or service, as used both by the consuming public and commercial competitors. These marks were determined in court to have become generic.
Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some ...
Trademark protection can be acquired through registration and/or, in certain countries, through use. [9] [69] Globally, the most common method for establishing trademark rights is registration. [69] Most countries operate under a "first-to-file" system, which grants rights to the first entity to register the mark.
It is updated every five years and its latest 11th [2] version of the system groups products into 45 classes (classes 1-34 include goods and classes 35-45 embrace services), and allows users seeking to trademark a good or service to choose from these classes as appropriate. Since the system is recognized in numerous countries, this makes ...
The invalidity of a registered trademark does not necessarily divest a federal court's jurisdiction over unfair competition claims; An established secondary meaning gives the term's owner a right against unfair competition at common law, apart from any trademark statutes. Mishawaka Rubber & Woolen Mfg. Co. v. S.S. Kresge Co. 316 U.S. 203: May 4 ...
Pages in this category began as brands and registered trade-names but have become generic in ubiquitous, oft and common use. In some examples, the trademarks have been canceled by courts of law, some did not get renewed and simply expired into the public domain, while others became the victim of their own success, and the trade-name became a language term for the entirety of the market niche ...