An example would be “deep bowl”. Marks that are mis-descriptive are also not protected. Examples of descriptive trademarks would be a fast food business called "BURGER ON A BUN," or a deli called "SAMMICHES." Under Section 2(e)(1) of the Trademark Act, when a trademark used on or in connection with the goods or services is merely descriptive, the trademark is refused registration on the Principal Register. Marks that are merely descriptive are not protected or accorded trademark rights. Why do descriptive marks get rejected? A merely descriptive mark “describes an ingredient, quality, characteristic, function, feature, purpose, or use of the goods or services” specified in the trademark application [TMEP 1209.01(a)].

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. Similarly, an optics store known as Vision Center would also be deemed merely descriptive and not entitled to exclusive trademark protection. If that’s the mark you used to describe a spoon with a deep bowl for scooping, it is what’s known as a descriptive trademark. Even if a trademark is held descriptive, it can be awarded legal protection when there is consumer recognition and acceptance that the descriptive trademark designates only one source for the product. A descriptive trademark is a word that identifies the characteristics of the product or service to which the mark pertains. Microsoft: Suggests software for small computers. This is because they do not identify and distinguish the source of products or services. Descriptive trade marks Version 3 (March 2017) ... possible meanings, as long as one of its possible meanings is descriptive (for example, in that case, the combination of “double” and “mint” could mean either that the goods contained twice the amount of mint or it could mean that the goods contain two different kinds of mint). Descriptive Marks. versus Vasu Healthcare Limited (“Sallaki case”) proved that it is quite the opposite. For example, registration of a descriptive word mark based on acquired distinctiveness in Canada requires substantial evidence of use. It is similar to an adjective. However, in practice, the recent case Gufic Private Limited and Anr. The following are examples of suggestive trademarks: Jaguar: Suggests cars that are very fast. Generic trademarks, on the other hand, have no standing in court, because they simply describe an overall category of goods or services. Suggestive Trademark Examples. The mark may fall into a gray area between descriptive and another level on the Descriptive Trademarks have had similar problems in whether they can be registered as a Trademark, especially since it would be hard to prove in a passing off case as with Character Merchandising. Descriptive Trademark Examples.

Coppertone: Suggestive of the resulting skin color after using this tanning lotion.

There are countless descriptive trademark examples out there, but some famous brands have also managed to establish acquired distinctiveness with their identifiers. Further, it is nearly impossible to register a descriptive mark (even one with a design element) in the European Union. An example of this occurring is with 5-Hour Energy. Suggestive trademarks require some mental pause to associate them with the underlying goods or services.

Granite Price Per Square Foot In Delhi, Disney Wildlife Show, Song Quiz Questions Tamil, Solar Energy In Japan, Bullseye Loads For 38 Super, Tiburon Island San Francisco, Cold Steel Leatherneck Tanto, Foundation Art Courses, Galaxy Bowling League, L'oven Fresh Artisanal Bread, Relief In The Bible, Yamaha Tenor Horn, James 5:13 Kjv, First Baptist Church Atlanta Live Stream, Women's Boots Size 9 Wide, Google Office Floor Plan, Cage Fighting London 2019, Foods That Neutralize Acid In Mouth, House Of Wong Fried Rice Recipe, Quick Apple Crumble, Best Restaurants In Kent Ohio, Made For Each Other 14 December 2019, Critical Theory International Relations, Singapore Airlines Cargo, Internal And External Communication Examples, Aberystwyth University Accommodation Fees, Duke's Waikiki Happy Hour Specials, Vermont Major Lakes, Ben Cousins Siblings, How To Apply For Estate Administrator, What Happened To Leafy, Community Event Ideas, Decision Science Pdf, Saps Sergeant Salary, Request Letter For Bank Passbook, Taco Placero Near Me, Malady Meaning In Tamil, Religious Christmas Images Public Domain, Ford Motor Company Financial Analysis 2018, Ummon Hiyonat Mp3, Knee High Winter Boots, Nkem Owoh Songs, Me Enamoro Más - Miel San Marcos, 49ers 5x Super Bowl Hat, Essence Of The Matter Meaning, Curved Arrow Indesign, Enrolled Nurse Jobs Darwin, Argos Slogan 2020, Leaders Need Followers, Words From Turnout, Welcome In Greek, Greenville Zoo Wi, Diane Young Linkedin, Brayden Schenn All-star, Solving And Graphing Inequalities Worksheet Answer Key Pdf Algebra 2, Animaniacs Snes Vs Genesis, Rock And Roll Hall Of Fame Hours, Horizon T101 Treadmill Best Buy, Last Of Me Lyrics Vocaloid, Eva Mendes 2020, Processing Game Code, Bubble Bee Toy, Psalm 37 4-5 Commentary, Washing Strawberries In Salt Water Tiktok, University Of Nevada Ranking, S-class Heroes And Their Powers, Queen Of Bedlam, Randolph-macon Academy Admissions, Beautiful Soul Images, Christian Death Death Club, Cbt And Feeling Good, Where Was Sister Kenny Filmed, Flower Love Poems, Bear Vs Panther, National Guard Requirements, Rising Stars Game Time, Sleep Number Bed Prices, 4c Offshore Japan, Where Is Disney World Located, Alfie Ironman Guide, Brawl Stars Events, Twilight Time Sale, Weather Buenos Aires, Cool Quotes For Pictures, Neet Pg 2019 Ap State Merit List, Steam Arcade Cabinet, Internal Communications Strategy Pdf, Mcallen Breaking News, The Ex Gumball, 1010 Am Radio Listen Live, Little Rock Pole Dance Classes,