Understanding Generic Marks
descriptiveness genericism trademarks
One of the fundamental principles of trademark law is that certain terms cannot function as trademarks because, as being merely descriptive of the goods or sources, these marks lack the role as an...
Understanding Trademark Distinctiveness
arbitrary descriptive distinctiveness
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The concept of distinctiveness is important under trademark law because it is one of the requirements for a federally registered mark. Distinctiveness goes to the strength of the mark. In theory, the...