technical trademark

A mark that satisfies all the elements of a common-law trademark.

• The essential elements of a technical trademark are as follows: (1) its use to designate a commercial source would not interfere with anyone else’s right to use the mark; (2) it must primarily identify the source, rather than the product’s category or grade of quality; (3) it must be attached to the product, label, or collateral materials rather than merely used in advertising; and (4) its use must not undermine some public policy, as by being scandalous or deceptive.

— Also termed pure trademark; pure mark; technical mark; true trademark.

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词条贡献者

译者筠怡，毕业于法国顶尖的高级翻译学院，擅长翻译各种与产品责任与集体侵权诉讼相关的法律文件。