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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.
Due to the nature of trademark law as a consumer protection measure, there is some debate as to whether "post-sale confusion" (as in the case of a consumer knowingly purchasing counterfeit goods but fooling others into thinking they are the real thing) should be an actionable trademark infringement or considered under the tort of passing off.
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.
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
The ROMs of the game and its sequel were formerly offered by the owner Randel Reiss for free download. In 2021, however, the rights to both games were purchased by Piko Interactive, leding the download links for the ROMs to disappear from Technopop's website [121], but they are still available for free download on Zophar's Domain.
Another example is the term "cyberpunk", which in the United States is a registered trademark by R. Talsorian Games Inc. for its tabletop role-playing game [9] and within the European Union by CD Projekt SA for "games and online gaming services" [10] (particularly for the video game adaptation of the former) and by Sony Music for use outside ...
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 ...
These include ensuring that game packaging and promotional materials (including advertisements and trailers) properly display rating information, restricting where promotional materials for games rated "Teen" or higher can appear, prohibiting publishers from glamorizing or exploiting a game's rating in marketing materials, and requiring online ...