Considerations When Using Descriptive or Generic Trademark Terms

Snell & Wilmer
Contact

I. Adding Distinctive Terms or Logos to a Descriptive or Generic Term Will Not Protect the Descriptive or Generic Term.

A descriptive trademark1 is one that immediately brings to mind a use, purpose, function, characteristic, ingredient, or class of end users, of the product or service with which the mark is used. A descriptive mark can only be protected upon a showing of acquired distinctiveness, which is also called secondary meaning. A generic mark describes the category of the product or service with which it is used and can never be protected.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Snell & Wilmer

Written by:

Snell & Wilmer
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Snell & Wilmer on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide