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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.
Canadian trademark law provides protection to marks by statute under the Trademarks Act [1] and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services.
A suggestive trademark tends to indicate the nature, quality, or a characteristic of the products or services in relation to which it is used, but does not describe this characteristic, and requires imagination on the part of the consumer to identify the characteristic. Suggestive marks invoke the consumer's perceptive imagination.
Furthermore, "[a] number of cases hold that a term may be generic in one country and suggestive in another". [14] In Carcione v. The Greengrocer, Inc., [15] a court rejected as irrelevant the generic use of the term "Greengrocer" in Britain for a retailer of fruit. The defendant argued that the trademark "Greengrocer", which is a generic term ...
An example of trademark erosion is the verb "to hoover" (used with the meaning of "vacuum cleaning"), which originated from the Hoover company brand name. Nintendo is an example of a brand that successfully fought trademark erosion, having managed to replace excessive use of its name with the term "game console", at that time a neologism. [18] [20]
Section 6 of the Trademarks Act sets out the situations where a trade-mark is confusing: . 6.(2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or ...
The first clear example of modern usage goes back as early as 1808, when it was used as a heading title in a collection of essays. [ 15 ] The German equivalent was used with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property ( Schutz des geistigen Eigentums ...