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Simple English definitions for legal terms
distinctive trademark
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A quick definition of distinctive trademark:
A distinctive trademark is a special name or symbol that helps people recognize and tell apart certain products or services from others. This is important for trademarks to be protected by the government. Some trademarks are more unique than others, like made-up words or words used in a completely different way than usual. These are the most distinctive. Other trademarks are less unique, like words that describe what the product or service is, but they can still become distinctive if people start to associate them with that product or service. However, some words are too common and can never become a trademark.
A more thorough explanation:
A distinctive trademark is a symbol, word, or phrase that identifies and distinguishes a particular product or service from others in the market. In order to be eligible for federal trademark protection and registration at the United States and Trademark Office, a trademark must be distinctive.
Trademarks are judged on a spectrum of distinctiveness, with arbitrary and fanciful trademarks being the most distinctive. Arbitrary trademarks are common words used in an unusual context, such as "Apple" for technology products. Fanciful trademarks are completely made up and only have meaning when applied to particular goods or services, such as "Xerox" or "Keurig."
Suggestive trademarks are also considered distinctive because they suggest the goods or services for which the trademark is used, such as "Greyhound" for bus transportation or "Mustang" for cars. Descriptive trademarks describe a characteristic, quality, feature, or purpose of the goods or services, such as "Best Buy" or "Bank of America." These types of trademarks are not inherently distinctive, but can acquire distinctiveness over time if they become associated with the relevant product or service in the minds of the public.
Generic terms, which are commonly used terms to describe something, can never acquire distinctiveness and become an enforceable trademark. Over time, previously distinctive terms can turn into generic terms, such as the potential occurrence with "Velcro."
Examples of distinctive trademarks include "Apple" for technology products, "Penguin" for books, "Arrow" for shirts, "Subway" for restaurants, "Maalox" for medicine, "Nikon" for cameras, "Greyhound" for bus transportation, and "Mustang" for cars. These examples illustrate how arbitrary, fanciful, and suggestive trademarks can be distinctive and identify and distinguish a particular product or service from others in the market.