MMC 4200 Lecture Notes - Lecture 3: Better Business Bureau, Commercial Speech, Linda Tripp
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Spectrum of distinctiveness: the more distinctive the greater the protection, top 3 are inherently distinctive, fanciful, arbitrary, suggestive, descriptive, generic (strongest to weakest) First three do not have to prove a secondary meaning. Last must produce a secondary meaning and that the public now identifies with it. Taking an existing word and applying it to something that does not apply. Suggest features of product without describing it. Requires some use of imagination and thought. Conveys an immediate idea of the ingredients, qualities or characteristics of the goods. Only trademarkable if it acquires a secondary meaning. 5 years continuous use if you want to register it. Survey evidence may be used to prove it. Ex- clean shower daily shower cleaner, park (cid:494)n fly, american airlines, kfc, bank of. Common name for a type of product or category of project. Cannot be trademarked for the type of product.