Wednesday 10 November 2010

Trademark


A trademark that eligible for registration has to have a distinctive character. There are 4 types of character including generic, descriptive, suggestive, and arbitrary. These 4 terms use to determine the character of trademark that can be register.

The first two categories, generic and descriptive have no distinctive character, but there are some type of descriptive character which it has established the distinctive character through extensive use in the marketplace (it acquires secondary meaning). This kind of character has distinctive character. The other two categories, suggestive and arbitrary have distinctive character. Only the mark with distinctive character can be register under the trademark law, and are protected.

Generic terms are common words or terms, often found in the dictionary, that identify products and services and are not specific to any particular source. Generic term is not possible to register as a trademark for the goods or services.




Example 1.  You can't use the word "CHAIR" as a trademark for -------------------------------------->









References
International Trademark Association (INTA)
http://www.inta.org/index.php?option=com_content&task=view&id=1514
http://www.registeringatrademark.com/protectable-marketable-trademark.shtml
http://www.legaldocs101.com/trademark.jpg

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