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The Strength of Trademark and Its Importance in Branding.

The Strength of Trademark and Its Importance in Branding.

The Strength of a Trademark an Its Importance “As a trademark attorney, I am often presented with clients whom do not understand why a mark cannot be a generic or descriptive mark. It is my job to educate them why they should always select a Suggestive, Arbitrary or Fanciful mark.” Juliet Alcoba. A Generic mark can never be protected. What is a Generic brand? A mark is generic if its primary significance to the relevant public is the class or category of goods or services on or in connection with which it is used. A two-part inquiry is used to determine whether a designation is generic: (1) What is the genus of goods or services at issue? (2) Does the relevant public understand the designation primarily to refer to that genus of goods or services? It is not necessary to show that the relevant public uses the term to refer to the genus. The correct inquiry is whether the relevant public would understand the term to be generic. A Descriptive mark may be registered, yet it will bring very little trademark protection. So what is a Descriptive trademark? A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services. Similarly, a mark is considered merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of an applicant’s goods or services. The determination of whether a mark is merely descriptive must be made in relation to the goods or services for which registration is sought, not in the abstract. This requires consideration of...
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