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::	Trademark Law
::	Uses
::	Protectable Marks
::	Consumer Protection
::	Dilution
::	Policing Trademarks
::	Comparisons to Copyright and Patent Law
::	Conflict of Trademarks and Domain Names
::	Domain Names used as Trademarks

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DID YOU KNOW?

In 2001, 181,693 Trademark applications were submitted in the United States.

Of those 181,693 applications, 124,016 were accepted.

Protectable Marks - Contact a Lawyer

Protectable Marks : What are they?

A trademark is not treated strictly as property because certain words must remain free to identify or describe a class of products in general, to ensure both consumer understanding and competition in the given market (or simply for everyday use). For this reason, a generic term will not be protected (for example, "Apple" as used for apples), or, absent the development of public association with a particular source known as secondary meaning, marks that are merely descriptive of the goods concerned ("red" or "juicy" for apples), or those marks that are merely a surname or geographically descriptive.

In some jurisdictions, secondary meaning may be presumed if the trademark user can prove exclusive use of the mark for a defined period of time. Otherwise, tools such as consumer surveys may be used as evidence to show that the public will chiefly associate the descriptive word or surname with the trademark user and his product.

Worthy of more protection are "suggestive" marks, which involve more imagination on the part of the consumer to understand a quality of the product than merely descriptive marks (such as the Mercury image for FTD suggesting delivery speed), and arbitrary marks, which are common words but used in a context in which they have no meaning (such as "Apple" for computer). Fanciful marks get the most protection, being invented words or terms (such as "Kodak").

Though these categories most easily apply to word marks, graphic elements are also evaluated similarly. For example, a pine tree shape is descriptive when used on pine-scented products.

Most jurisdictions exclude some categories of terms and symbols from ever gaining protection as trademarks. In addition to generic terms, described above, this may include marks used for official government business (such as national flags), marks that are deceptive regarding the nature or origin (including geographic origin) of the product, and marks that are offensive or obscene.

Read More on Trademark Law at:

Trademark law Information

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