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Legal Definitions - descriptive trademark
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Definition of descriptive trademark
A descriptive trademark is a type of trademark that is a meaningful word in common usage or that merely describes or suggests a product. This type of trademark is entitled to protection only if it has acquired distinctiveness over time.
For example, "Apple" is a descriptive trademark for a company that sells computers and electronic devices. The word "apple" is a common word in the English language, but it has acquired distinctiveness over time as a trademark for this particular company. Another example is "Holiday Inn" which describes a hotel that is open during holidays.
Descriptive trademarks are considered weak trademarks because they do not have inherent distinctiveness and are not entitled to strong legal protection. However, if a descriptive trademark has acquired distinctiveness over time through extensive use and promotion, it may be eligible for trademark protection.
The life of the law has not been logic; it has been experience.
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Simple Definition
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