trademark, descriptive

trademark, descriptive
n.
A name for a product that is descriptive of what it is or does, which cannot be registered unless it has taken on a distinctive meaning over time.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

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  • descriptive — I adjective characterizing, circumstantial, classificatory, clear, definitional, definitive, delineative, designating, detailed, eloquent, explanatory, explicatory, expositive, expository, graphic, identifying, illuminating, illuminative,… …   Law dictionary

  • Trademark distinctiveness — is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if amongst other things it performs the essential trademark function, and has distinctive character.… …   Wikipedia

  • descriptive mark — de·scrip·tive mark n: a trademark or service mark that conveys the idea of the qualities, characteristics, or effects of a product or service and that is protectable when it creates an association in the mind of the public between the mark and… …   Law dictionary

  • trademark — trade·mark / trād ˌmärk/ n: a mark that is used by a manufacturer or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is protected by law see also dilution, infringement, strong mark …   Law dictionary

  • trademark, strong — n. A trademark that is inherently distinctive, such as an arbitrary or fanciful one, which is entitled to greater protection than a weaker one, such as a generic or descriptive mark. The Essential Law Dictionary. Sphinx Publishing, An imprint of… …   Law dictionary

  • trademark, arbitrary — n. A name for a product that is in no way descriptive or suggestive of the product, such as “Apple” computers, that is easily registered but difficult to educate consumers about. The Essential Law Dictionary. Sphinx Publishing, An imprint of… …   Law dictionary

  • trademark — Generally speaking, a distinctive mark of authenticity, through which the products of particular manufacturers or the vendible commodities of particular merchants may be distinguished from those of others. It may consist in any symbol or in any… …   Black's law dictionary

  • Trademark — For other uses, see Trademark (disambiguation). For guidelines on using trademarks within Wikipedia, see Wikipedia:Manual of Style (trademarks). Intellectual property law …   Wikipedia

  • descriptive mark — A trademark which merely describes the goods to which it is affixed. A descriptive mark will only be protected or registrable if the user can demonstrate secondary meaning. See also secondary meaning. If trademark imparts information directly, it …   Black's law dictionary

  • descriptive mark — A trademark which merely describes the goods to which it is affixed. A descriptive mark will only be protected or registrable if the user can demonstrate secondary meaning. See also secondary meaning. If trademark imparts information directly, it …   Black's law dictionary

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