What are the Different types of trademarks?

1 min read

A trademark provides legal protection for a word, a symbol, a phrase, a logo, a design or a combination of the goods or services it represents. Five key divisions include types of trademarks for products:

  1. Fanciful Marks: those that have been invented for the sole purpose of functioning as a trademark and have no meaning other than acting as a mark. These are considered to be the strongest type of mark.

Examples: EXXON, KODAK, and XEROX.

 

(b) Arbitrary Marks: those that have been created from existing words but have no meaning in relation to the goods or services.

Examples: GAP, NIKE, FOSSIL, and GUESS

 

(c) Suggestive Marks: those that suggest a quality or characteristic of the goods and services, rather than describing.

Examples: PAC SUN, NORTHFACE, and WRANGLER

 

(d) Descriptive Marks: those that merely describe the services or goods on which the mark is used. These are often difficult to enforce unless the trademark owner can show that the mark has become distinctive, such as if it is advertised so heavily that secondary meaning can be proven in the mind of consumers.

Examples: AMERICAN APPAREL

(e) Generic Terms: these refer to the common names of the goods or services to which they are applied. They are not capable of acquiring secondary meaning when used in their generic sense, and, thus, are not protectable as trademarks.

Examples: JEAN for jeans.

 

 

Fashion Law Journal

Fashion Law Journal covers the legal landscape of the fashion industry and its stakeholders, providing the latest updates, how-to guides, and exclusive content for fashion law fratenity. An initiative and publication of Dept of Fashion Laws, Legal Desire (www.legaldesire.com)

Leave a Reply

Your email address will not be published.

Previous Story

5 Key Tips on Developing a Collaboration Strategy for the expansion of your fashion brand

Next Story

Can e-commerce website be directly liable for trademark infringement for sale of counterfeit by their seller?

Latest from Fashion Law