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Simple English definitions for legal terms
weak trademark
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A quick definition of weak trademark:
A weak trademark is a word, phrase, logo, or symbol used by a company to distinguish its products from others, but it is not very unique or special. To be protected by law, a trademark must be distinctive, actually used in the marketplace, and registered with the U.S. Patent and Trademark Office. A weak trademark is not very strong and may not be protected if someone else uses it. It is like having a name that many other people have, instead of having a unique name that only you have.A more thorough explanation:
A weak trademark is a type of trademark that is descriptive or suggestive of the product or service it represents. This means that the trademark does not have a strong enough connection to the product or service to be considered distinctive. In order to receive federal protection, a trademark must be distinctive, affixed to a product that is actually sold in the marketplace, and registered with the U.S. Patent and Trademark Office.
Examples of weak trademarks include:
- "Apple" for a company that sells apples
- "Soft" for a brand of soft drinks
- "Fast" for a brand of running shoes
These examples illustrate how the trademark is not distinctive enough to be protected. The word "apple" is commonly used to describe the fruit, so it does not have a strong connection to the company that sells them. Similarly, the words "soft" and "fast" are commonly used to describe qualities of products, so they do not have a strong connection to the specific brands of soft drinks or running shoes.