Is Apple a descriptive trademark?
While “APPLE” is an arbitrary mark for computer equipment, it is a generic or descriptive when the products are apples. Arbitrary marks are the easiest to acquire trademark significance, and serve as a means to identify the source of the products and services.
Can descriptive words be trademarked?
Marks that are merely descriptive are not protected or accorded trademark rights. This is because they do not identify and distinguish the source of products or services. Marks that are mis-descriptive are also not protected.
What are some examples of trademarks?
Trademark examples
- Coca-Cola®
- Under Armour®
- Twitter®
- It’s finger lickin’ good! ®
- Just do it®
- America runs on Dunkin’®
What is trademark description?
Key Takeaways. A trademark is an easily recognizable symbol, phrase, or word that denotes a specific product. It legally differentiates a product or service from all others of its kind and recognizes the source company’s ownership of the brand.
Is FaceTime trademarked?
The following is a non-exhaustive list of Apple’s trademarks and service marks….Apple Trademark List*
| Apple’s Trademarks | Generic Terms |
|---|---|
| Apple’s Trademarks FaceTime® | Generic Terms voice and video calling |
| Apple’s Trademarks FairPlay® | Generic Terms software technology |
What is inherently distinctive trademark?
An inherently distinctive trademark is a mark that lacks descriptive wording in relation to your goods or services. It’s tempting to choose a name or term that describes a quality or characteristic of your product. An inherently distinctive trademark is a mark that is fanciful, arbitrary or suggestive.
How do you register a descriptive mark?
Descriptive marks can’t be registered, but they could still be the best choice for your business, especially if you have a low advertising budget. These words don’t function as a trademark, as they fully describe a product by identifying it. They are nouns pertaining to common language, so they can’t be registered.
How do you overcome descriptive trademarks?
Top 4 Ways to Overcome a Descriptiveness Refusal
- Argue the mark is suggestive. It can be effective to argue that the mark does not directly describe the goods, but consumers would instead have to guess or infer the intended connected meaning.
- Argue the term has other more relevant meanings.
- Expert Affidavit.
- Disclaimer.
Is Coca Cola a trademark?
The Coca-Cola Corp owns the trademark to the name Coca-Cola, as well as the trademark on the bottle shape, and the graphic representation of their name. Coca-Cola also owns the copyright on their ads and jingles, and the creative copy on their bottles.
What should be filled in trade description?
As the name suggests, Trade Description briefly describes the service or product that a company or an individual is going to sell. The main aim of adding its description is to prevent retailers, manufacturers, or service providers from misleading customers.
What is Class 41 trademark?
Class 41 includes services for education, tutoring, training, entertainment, and various sporting and cultural activities. Class 41 covers mainly services rendered by persons or institutions to educate persons or train animals, as well as services intended to entertain.
What are clearly descriptive trademarks?
Character or Quality. The word “character” in this context means a feature,trait,or characteristic of the goods or services in the application.
What is a “merely descriptive” trademark?
A merely descriptive trademark is one whose dictionary definition is synonymous with a quality of the good or service . An example might be “Cold and Creamy” for ice cream, or “Crystal Clear” for a brand of televisions. Descriptive trademarks can only receive trademark protection in the U.S. if they achieve something called “secondary meaning.”.
Is your trademark merely descriptive?
Trademarks may be found merely descriptive where the trademark contains one or more descriptive words of the goods or services. However, if a customer who observes the trademark cannot readily perceive the nature of the goods/services without having to exercise his/her mental imagination, the trademark is suggestive rather than descriptive.
When is a trademark clearly descriptive?
A clearly descriptive trademark is one that, upon first impression of a consumer, describes a characteristic or feature of the products or services sold under the mark. For example, the mark CREAMY for ice cream products would likely be objected to as being clearly descriptive of the character of the products sold under the mark.