Search Results for: strong trademark

arbitrary trademark

A trademark containing common words that do not describe or suggest any characteristic of the product to which the trademark is assigned. • Because arbitrary marks are neither descriptive nor suggestive of the goods or services in connection with which they are used, they are inherently distinctive, require no proof of secondary meaning, and are

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distinctive trademark

A very strong trademark, one that consumers immediately and consistently associate with specific goods and services. • A distinctive trademark is usu. fanciful, arbitrary, or suggestive, but a descriptive trademark or common name can become distinctive if it becomes so well known as to acquire a secondary meaning. — Also termed distinctive mark.

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similarity

similarity. Intellectual property. The resemblance of one trademark or copyrighted work to another. • How closely a trademark must resemble another to amount to infringement depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market. It is a

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principal register

Principal Register. Trademarks. The list of distinctive marks approved for federal trademark registration. • The register is maintained by the U.S. Patent and Trademark Office. Only marks that are strong, distinctive, and famous are listed. 15 USCA § 1052. [Cases: Trade Regulation 151. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 147, 153.]

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lanham act

Lanham Act (lan-[schwa]m). A federal trademark statute, enacted in 1946, that provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if any confusion might result or if the strength of a strong mark would be diluted. • The Lanham Act’s scope

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blurring

blurring, n. Trademarks. A form of dilution in which goodwill in a famous mark is eroded through the mark’s unauthorized use by others on or in connection with dissimilar products or services. • Blurring is one type of dilution that is actionable under the Federal Trademark Dilution Act, 15 USCA § 1125(c) (the court found

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