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Trademark owned by Philips in the European Union and various other jurisdictions, but invalidated in the United States due to it being merely a descriptive term. [1] [2] [3] Aspirin Still a Bayer trademark name for acetylsalicylic acid in about 80 countries, including Canada and many countries in Europe, but declared generic in the U.S. [4] Catseye
Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end ...
The doctrine of foreign equivalents is a rule applied in United States trademark law which requires courts and the TTAB to translate foreign words in determining whether they are registrable as trademarks, or confusingly similar with existing marks. The doctrine is intended to protect consumers within the United States from confusion or ...
A trademark is said to fall somewhere along a scale from being "distinctive" to "generic" (used primarily as a common name for the product or service rather than an indication of source). Among distinctive trademarks the scale goes from strong to weak: [38] "Fanciful" or "coined" original words with no meaning as to the nature of the product ...
A wordmark or word mark is a text-only statement of the name of a product, service, company, organization, or institution which is used for purposes of identification and branding. A wordmark can be an actual word (e.g., Apple), a made-up term that reads like a word (e.g., iPhone), or an acronym, initialism, or series of letters (e.g., IBM).
Intent to show confusion is also relevant; hence, as a general rule the trademark should be used no more than necessary for the legitimate purpose. [5] By the same token, use of a word mark is preferred to a logo, and a word mark in the same style of type as surrounding text is preferred to a word mark in its trademarked distinctive type.
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related to: search if words are trademarked due to different sources