A trademark must be descriptive. It must describe a product or service. A term is descriptive if it is associated by consumers with particular characteristics of the goods or service. It is still a matter of dispute whether a trademark can be considered descriptive. The courts have yet to define what makes a term a descriptive term. There are some indicators that help to identify whether a trademark is descriptive. The following elements will indicate whether a term is descriptive.
Generic words
To determine whether a word can be considered generic, look at its descriptiveness. The term "smartphone" was not a class of goods several decades ago, but now is a generic term for a variety of brands and products. While a trademarked term, it is still a generic word. Although a generic term can be more distinctive than a common name it may still be denied registration by the Trademark Office if it is too generic.
Suggestions
There are several reasons to choose suggestive over generic in your trademark. First, suggestive trademarks are distinctive and give consumers an idea about what to expect from the product or brand. Suggestion trademarks are a good way to start the process of registering a trademark. If the owner does not change its marketing or promotional activities, then suggestive trademarks could be used as stepping stones towards full registration. Third, suggestive names have the added advantage of secondary meaning, also known to as acquired distinctiveness.
Surnames
This article examines the relationship of surnames to trademark descriptiveness. The TTAB's Benthin decision is an example of how surnames and trademarks often conflict. While a trademark might be descriptive of its products, the product itself may not be a trademark. The trademark must not be simply a derivative of the product name. The product must be distinguished from other products.
Fanciful devices
The governing law of trademark and services mark law includes five categories: suggestive and arbitrary, generic and fanciful. Although suggestive and generic devices are not trademarkable, arbitrary or suggestive devices may be trademarkable if secondary meanings are established. Example: "Ronald McDonald's" could be considered arbitrary and generic. However, it's possible for suggestive or arbitrary terms to be absurd if they are intended for trademark/service mark purposes.
Arbitrary devices
As the term suggests, arbitrary devices and suggestive marks fall into two categories: fanciful and suggestive. Both suggestive and fanciful devices are not trademarks but can be used to identify products and services. Both types of marks can be weak. Those that are merely descriptive do not count as trademarks. How strong a mark is depends on its place in the spectrum. A more suggestive or fanciful mark is granted more protection than one that is merely descriptive.
Mis-descriptive devices
When assessing the trademark descriptiveness of a trademark, a mis-descriptive device is an element that requires more thought than merely describing the goods. For example, a "snow shovel" that is merely a "snow shovel" is not a trademark. The same goes for a "sausage maker" that merely describes the way to make sausage.
FAQ
How are lawyers paid?
Hourly rates are used to bill clients for legal services. Lawyers get paid for the time they invest in these matters. Hourly rates vary depending upon the complexity of the matter and the amount of experience a lawyer has.
Because they have accumulated expertise over many years, the most experienced lawyers charge more per hour.
A less experienced lawyer may bill lower hourly rates as he/she learns how to handle cases more efficiently.
In addition to hourly rates, lawyers often receive additional compensation for handling certain types of cases. Criminal defense lawyers could be given bonuses if they are successful in acquittal.
What is the difference in a paralegal and legal assistant?
Paralegals can be trained to do specific tasks like typing, filing, and researching. Legal assistants may assist attorneys in preparing pleadings, drafting motions, or researching. Both types of professionals can help attorneys finish their work.
How do I get into law school?
All year, law schools are open to applications. Many students opt to apply early so they don't have to wait until fall/winter when applications flood in. For more information, please contact the admissions department of the law school that you prefer.
Statistics
- According to the Occupational Outlook Handbook published by the Bureau of Labor Statistics, the national average annual wage of a lawyer is $144,230. (legal.io)
- According to the Bureau of Labor Statistics, the average annual salary for lawyers in 2020 was $126,930. (stfrancislaw.com)
- The nationwide number of first-year students enrolling last fall increased by almost 12%, according to recent data by the American Bar Association. (stfrancislaw.com)
- Just 59.2 percent of 2015 law school grads held full-time, long-term jobs as lawyers 10 months after graduation, according to data from the American Bar Association (ABA). (rasmussen.edu)
- According to the Law School Admission Council, the number of people applying for these programs was up 13% last fall. (stfrancislaw.com)
External Links
How To
How to make your will with a lawyer
A will is an important legal document which determines who gets the property after you die. It also contains instructions on how to pay off debts and other financial obligations.
A will must be written by a solicitor and signed by at least two witnesses. You can choose not to have a will if you want to leave everything to someone else without restrictions on how they use the money. But this could lead to problems later on if you can't consent to medical treatment and decide where people live.
If you do not have a will, the state will appoint trustees to manage your estate until you die. This includes paying off your debts, and giving away any property. If there's no will, trustees may sell your house to make the funds available for your beneficiaries. They will also charge a fee for administering your estate.
There are three main reasons you should make a will. First, it protects your loved people from being left bankrupt. It protects your loved ones from being left without a will. Thirdly, it makes it easier for your executor (the person appointed to fulfill your wishes).
Contact a solicitor first to discuss your options. The cost of a Will will differ depending on whether the person is single, married, widowed, or divorced. As well as writing a will for you, solicitors can offer advice on many other issues such as:
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Making gifts to family members
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Choosing guardians for children
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Lending money
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Manage your affairs while still alive
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Avoid probate
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How to avoid capital gains Tax when selling assets
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What happens if your home isn't sold before you die?
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Who pays the funeral costs?
You can either write your will yourself or ask a friend or relative to help. Remember, however, that if you sign a will at the request of another person, you cannot change it afterward.