From the course: Understanding US Trademarks: A Deeper Dive
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Distinctive trademarks
From the course: Understanding US Trademarks: A Deeper Dive
Distinctive trademarks
- Distinctiveness and trademarks. The more distinctive the trademark, the more protection it receives. What does it mean for a mark to be distinctive? It means that the word or words used are not words that people would use to describe the product or service, and instead are able to distinguish the trademark owner as the source of goods or services. Some words will be totally non distinctive, while other words will be very distinctive, but most marks fall on a spectrum. It's important to figure out where a mark is on the spectrum of distinctiveness. That's because trademarks that are not distinctive are not protectable, and those that are highly distinctive are stronger and more protectable. I have a way of visually demonstrating what I mean by a spectrum of protectability from weak to strong. Based on this graphic, you can see a word that is used to identify a product or service is generic and protectable. Generic words are not protectable as trademarks. Other words are not generic…
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