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The Relationship Between Surnames and Trademark Descriptiveness



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To be considered descriptive in a trademark, the term must communicate information about the good or service. If consumers associate a term with particular features of the goods and services, it is considered descriptive. There is much debate about whether a trademark should be called descriptive. Although the courts have not yet determined what constitutes a term descriptive, they are still open to debate. There are certain factors that can help you determine whether a trademark's descriptiveness is determined. These elements are indicative of a trademark's descriptiveness.

Generic words

It is important to consider the descriptiveness of a word in order to determine whether it can be used as a generic term. The term "smartphone", while not a class or goods, is now a generic name for a range of brands and products. Although it is a trademarked term, the term "smartphone" can still be used as a generic term. A generic word can have a higher degree of distinctiveness than a common name, but the Trademark Office may still deny a registration if it is too generic.


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Suggestions

There are many good reasons to use suggestive words in your trademark. First, suggestive mark are unique and can give consumers a sense of what to expect when they buy the product or brand. If the owner of the suggestive mark is consistent in its promotional and marketing activities, it can be one step toward full trademark registration. Third, suggestive trademarks have the added benefit of secondary meaning, also known as acquired distinctiveness.

Surnames

This article will examine the relationship between surnames, trademark descriptiveness, and surnames. As an example, the Benthin decision by the TTAB is a good example of how trademarks and surnames can often clash. A trademark may be essentially descriptive of its products, but the product may not be a brand name. The trademark cannot be merely a derivative of the product's name. The product must be distinct from competitors' products.


Fanciful devices

The five main categories of trademark and service marks law are suggestive, generic, arbitrary, and fanciful. Although suggestive or generic devices will not qualify for trademark status, arbitrary and suggestive elements can be made trademarks if secondary meanings have been established. For example, "Ronald McDonalds", is both arbitrary & generic. However, arbitrary and suggestive terms can be fanciful if they are invented for trademark or service mark purposes.

Arbitrary devices

As the title suggests, arbitrary tools and suggestive markings fall under two categories: suggestive or fanciful. Although they are not trademarks both suggestive and whimsical devices can be used to identify goods or services. Both types are weak and not as strong as trademarks. However, descriptive marks do not function like trademarks. It is determined whether a trademark can or cannot be protected based on where it falls within the spectrum. A more suggestive or fanciful mark is granted more protection than one that is merely descriptive.


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Mis-descriptive devices

A trademark's trademark descriptiveness is determined by the elements used. A trademark cannot be applied to a "snowshovel", because it is not just a shovel. A "sausage maker", which merely describes how to make sausage, is not a trademark.


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It can be hard to find a lawyer who is pro bono because there are so many attorneys out there looking for your business. There are many ways to find a pro bono lawyer. You can ask around at your local bar association, look online for a list of attorneys who offer pro bono services, or check with your state's bar association. Local law schools are another option for finding a pro-bono attorney. Many law schools offer students the chance to help low-income clients in order to provide them with justice. If none or all of these options appeal, you might be interested in contacting Legal Services Corporation (LSC) to learn more. LSC supports organizations that offer free civil legal assistance for people below the poverty line. This organization funds programs that aid low-income persons with housing issues, child support enforcement and family law matters. LSC provides financial assistance as well as guidance and advice to grantees about how to best serve their clients. Some examples of services include:

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  • Don't waste your time trying to find a lawyer who specializes in your case type. Lawyers who work pro bono often represent clients from different backgrounds, so they may not have the experience to handle your specific case.
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The Relationship Between Surnames and Trademark Descriptiveness