What makes a trademark distinguishable?
Trademarks and service marks are judged on a spectrum of distinctiveness, arbitrary and fanciful trademarks are considered to be the most distinctive. Suggestive trademarks are also considered distinctive because they suggest of the goods or services for which the trademark is used ex.
Does a trademark have to be unique?
To obtain a federal trademark registration, a party must prove their mark is distinct or in other words, they must be capable of identifying the source of a particular good. This article will focus on achieving distinctiveness in a mark. Not all marks are registerable with the USPTO or eligible for legal protection.
Is Nike a distinctive trademark?
Apple, Amazon, Nike, ExxonMobil are some of the world’s most recognizable brands because they have strong trademarks that are fanciful. Fanciful trademarks are the strongest trademarks because they are the most distinctive.
What is a non distinctive mark?
An element of a sign is not distinctive if it is exclusively descriptive of the goods and services themselves or of the characteristics of those goods and services (such as their quality, value, purpose, provenance, etc.) and/or if its use in trade is common for those goods and services.
Can trademarks be descriptive?
Descriptive marks are a type of trademark that are usually composed of a word or words that merely describe a product or that identify the characteristics of a product and are generally considered weak marks. Generally, such marks are unlikely to be granted registration or protection under trademark law.
What is the strongest trademark classification?
fanciful
The strongest types of trademarks are (1) fanciful or coined marks, such as EXXON for petroleum products; and (2) arbitrary marks, such as AMAZON for retail services.
How do I trademark my business for free?
You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.
What is McDonald’s trademark?
The word “McDonald’s” is a trademark. We call this a standard character text trademark and it would be on its own USPTO trademark application if you wanted a federal registration for it. The Golden Arches is a logo, but this too is serving as a trademark. We refer to this as an image or stylized trademark.
What is Apple’s trademark?
A trademark can be a word, phrase, symbol, or design that distinguishes the source of the goods or services….Apple Trademark List*
| Apple’s Trademarks | Generic Terms |
|---|---|
| Apple’s Trademarks AirPlay Logo™ | Generic Terms |
| Apple’s Trademarks AirPods® | Generic Terms wireless headphones |
How do I search for a trademark in Virginia?
You may conduct a free online search of the USPTO database at the Public Search Facility (Madison East, 1st Floor; 600 Dulany Street, Alexandria, Virginia) between 8:00 a.m. and 8:00 p.m. USPTO personnel may not conduct trademark searches for the public. Private trademark search firms will conduct searches for a fee.
How do I find out if a trademark has already been registered?
Before you apply, you should search the USPTO’s trademark database ( Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: 1 Similar to your trademark 2 Used on related products or for related services, and 3 Live
Where can I find a list of my trademark assignments?
Use Assignments on the Web (AOTW) to search the database of all recorded Trademark Assignment information from 1955 to the present (Trademark Assignments recorded prior to 1955 are maintained at the National Archives and Records Administration). Assignment records can also be searched in the Public Search Facility.
What are the other resources available for trademark search?
Other resources 1 Design Search Code. 2 U.S. 3 Public Search Facility. 4 Patent and Trademark Resource Center (PTRC) The Trademark Electronic Search System (TESS) is available in all PTRCs.