Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

distinctive trademark

Read a random definition: habeas corpus ad subjiciendum

A quick definition of distinctive trademark:

A distinctive trademark is a special name or symbol that helps people recognize and tell apart certain products or services from others. This is important for trademarks to be protected by the government. Some trademarks are more unique than others, like made-up words or words used in a completely different way than usual. These are the most distinctive. Other trademarks are less unique, like words that describe what the product or service is, but they can still become distinctive if people start to associate them with that product or service. However, some words are too common and can never become a trademark.

A more thorough explanation:

A distinctive trademark is a symbol, word, or phrase that identifies and distinguishes a particular product or service from others in the market. In order to be eligible for federal trademark protection and registration at the United States and Trademark Office, a trademark must be distinctive.

Trademarks are judged on a spectrum of distinctiveness, with arbitrary and fanciful trademarks being the most distinctive. Arbitrary trademarks are common words used in an unusual context, such as "Apple" for technology products. Fanciful trademarks are completely made up and only have meaning when applied to particular goods or services, such as "Xerox" or "Keurig."

Suggestive trademarks are also considered distinctive because they suggest the goods or services for which the trademark is used, such as "Greyhound" for bus transportation or "Mustang" for cars. Descriptive trademarks describe a characteristic, quality, feature, or purpose of the goods or services, such as "Best Buy" or "Bank of America." These types of trademarks are not inherently distinctive, but can acquire distinctiveness over time if they become associated with the relevant product or service in the minds of the public.

Generic terms, which are commonly used terms to describe something, can never acquire distinctiveness and become an enforceable trademark. Over time, previously distinctive terms can turn into generic terms, such as the potential occurrence with "Velcro."

Examples of distinctive trademarks include "Apple" for technology products, "Penguin" for books, "Arrow" for shirts, "Subway" for restaurants, "Maalox" for medicine, "Nikon" for cameras, "Greyhound" for bus transportation, and "Mustang" for cars. These examples illustrate how arbitrary, fanciful, and suggestive trademarks can be distinctive and identify and distinguish a particular product or service from others in the market.

dissolution of marriage | distinguish

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
AngryMiniCar
12:01
OHHH LMAOO
12:08
ho I feel like David goggins
12:48
im so bored
12:48
the children (me) yearn for the classroom
12:56
november lsat LETS GO
NosyBeagle
12:58
^ me if I beef the august lsat
AngryMiniCar
13:47
^ same boat
NosyBeagle
14:59
me: "there's no way the answer is C 3 times in a row" narrator: the answer was C 3 times in a row
NosyBeagle
14:59
gotta stop second guessing myself
15:09
im moving tmw to wake forest univ from nashville omg im so nervous im gona be all alone out there in the forest
15:09
being an adult be so lonely i need som hoes
starfishies
15:24
After spending the whole cycle here and Reddit I thought all law students were going to be insane type a tweakers
starfishies
15:24
but after finding a roomie for law school ive discovered that some are actually normal and calm people 😭not me tho
15:25
bigfatsloth I'll be at wake next year. Let us know if you like it out there!
15:30
REALLY
15:30
WOOO
15:30
ill let u know
AngryMiniCar
15:31
@NosyBeagle: I have upperhand in that by having goldfish memory. Did I choose C 10 times in a row? No clue. Therefore I'm correct
NosyBeagle
15:42
@AngryMiniCar: LMAO i wish
NosyBeagle
15:43
@bigfatsloth: good luck. ily! (had to click on wake forest to see where that is)
NosyBeagle
15:47
trying to force myself to do a third set of drills. Im kinda tapped out in the brain department
15:50
pro tip: wake forest is not in wake forest, nc
15:50
dont get lost when moving
anyone else going to school in their current city?
AngryMiniCar
16:00
@NosyBeagle: take a hard nap you deserve it
NosyBeagle
16:02
can't. I'm at work ):
NosyBeagle
16:02
thanks tho
AngryMiniCar
16:29
lmaoooo studying on company dime???
AngryMiniCar
16:29
Me too tho
AngryMiniCar
16:29
Lol
LSD+ is ad-free, with DMs, discounts, case briefs & more.