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Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable , if it performs the essential trademark function, and has distinctive character .
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or services, usually against the intentions of the trademark's owner.
Courts often speak of marks falling along the following "spectrum of distinctiveness," also known within the US as the "Abercrombie classification" or "Abercrombie factors". [ 1 ] [ 2 ] [ 3 ] The lawsuit was brought by Abercrombie & Fitch Co. against Hunting World, Inc. regarding Abercrombie's trademark on the word "Safari", and resulting in ...
Distinction, distinct or distinctive may refer to: . Distinction (philosophy), the recognition of difference Formal distinction; Distinction (law), a principle in international law governing the legal use of force in an armed conflict
However, like trademarks, service marks must pass a test of distinctiveness for it to be qualified as a service mark. [4] For example, Thrifty, Inc. attempted to submit a service mark application that described aspects of their business (uniforms, buildings, certain vehicles) as "being blue". The application was rejected for not being specific ...
A trademark is a word, phrase, symbol, design or combination thereof that uniquely identifies a product or service. Trademark may also refer to: Trademark symbol, the typographical ™ symbol which is used to identify a trademark.
And the human being, the most highly selved, the most individually distinctive being in the universe, recognizes the inscape of other beings in an act that Hopkins calls instress, the apprehension of an object in an intense thrust of energy toward it that enables one to realize specific distinctiveness. Ultimately, the instress of inscape leads ...
A colour trade mark (British English) or color trademark (American English) is a non-conventional trade mark where at least one colour is used to perform the trade mark function of uniquely identifying the commercial origin of products or services.