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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 ...
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. [2] [3] [4] 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. [5] Catseye
In 1995, the United States Supreme Court further acknowledged that a colour could be used as a trademark in the case of Qualitex Co. v. Jacobson Products Co., Inc.. [6] The trademark owner must show that the trademark colour has acquired substantial distinctiveness, and the colour indicates source of the goods to which it is applied.
A fanciful / inherently distinctive trademark is prima facie registrable, and comprises an entirely invented or "fanciful" sign. For example, " Kodak " had no meaning before it was adopted and used as a trademark in relation to goods, whether photographic goods or otherwise.
A good example is the motorcycle brand Harley-Davidson, which, in 1994, filed a sound trademark application for its distinctive V-twin engine sound. It realized that if it could capture its own sound, it could distinguish the brand at every point of customer interaction. [ 9 ]
A trademark is a word, phrase, or logo that identifies the source of goods or services. [1] Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods ...
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An inherently distinctive mark is the easiest to register, as it has no prior meaning. These marks are not to be found in dictionaries. A good example of such a distinctive trademark is iPod. Words that appear in the dictionary can still be registered. These arbitrary trademarks are meaningless in the context of their use.