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The following partial list contains marks which were originally legally protected trademarks, but which have subsequently lost legal protection as trademarks by becoming the common name of the relevant product or service, as used both by the consuming public and commercial competitors. These marks were determined in court to have become generic.
A trademark is a word, phrase, or logo that identifies the source of goods or services. [1] Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods ...
A service mark or servicemark is a trademark used in the United States and several other countries to identify a service rather than a product. [ 1 ] When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used (the same symbol is used to mark registered trademarks).
Plaintiff owns a mark that is descriptive of its goods or services (i.e., it immediately conveys information regarding quality, characteristic, function, feature, or intended use of the goods/services). If Plaintiff's mark is suggestive (i.e., it requires thought or imagination to understand the nature of the underlying goods or services, such ...
The service mark symbol ℠ (the letters SM in small capitals and superscript style), is a symbol used in the United States and some other jurisdictions to provide notice that the preceding mark is a service mark. This symbol may be used for service marks not yet registered with the relevant national authority. Upon successful registration ...
A trademark classification is a way the trademark examiners and applicants' trademark attorneys arrange documents, such as trademark and service mark applications, according to the description and scope of the types of goods or services to which the marks apply. The same trademark or service may be (or in many cases MUST be) classified in ...
In addition to the standard grounds for trademark infringement (same/similar mark applied same/similar goods or services, and a likelihood of confusion), if the mark is deemed well known it is an infringement to apply the same or a similar mark to dissimilar goods/services where there is confusion, including where it takes unfair advantage of ...
A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trade mark, and which is often difficult to register, but which may nevertheless fulfill the essential trademark function of uniquely identifying the commercial origin of products or services.
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