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Ruth Mae Finch

How Do You Choose a Trademark?

The more distinctive a trademark, the stronger its legal protection. Trademark distinctiveness is described in four categories: (1) Arbitrary or Fanciful, (2) Suggestive, (3) Descriptive, and (4) Generic.

Arbitrary of Fanciful means have no relationship to the underlying product. For example, the words \"ALGORHYTHMIC\" or \"LEXUS\" have no direct relationship to their underlying products, respectively, computers and cars.

Suggestive Trademarks indirectly describe a characteristic of the underlying product or service. For example, the word \"ORANGE BLOSSOM\" is suggestive of orange juice, but does not directly describe the product. Suggestive marks are distinctive and will be given a high degree of protection.

Descriptive Trademarks directly describe a characteristic or quality of the underlying product. For example, \"Holiday Inn\" is the trademark of a hotel company catering to vacationers. \"Holiday Inn,\" in itself, could not be a trademark. However, since \"Holiday Inn\" is recognizable from years of advertisement and use, it is now a legally strong trademark.

Generic Trademarks cannot be registered. For example, you cannot trademark \"BICYCLE, INC\" as the name for a bicycle manufacturer. To get your trademark approved, you should aim for a more distinctive name. Trademark infringement occurs when a business uses the same or similar name in commerce in a way that may lead to confusion with the trademark owner\'s service/product. A trademark should not infringe on any existing trademarks.

424 Carona Place Silver Spring Maryland, 20905
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(301) 388-2252

(301) 388-2252

www.finchmark.com

Ruth(at)FinchMark.com

Last updated 2023-09-21

Specialties of Ruth Mae Finch:
  • Attorneys
Attorneys: A lawyer is a person who practices law, as an advocate, barrister, attorney, counselor or solicitor or chartered legal executive. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across legal jurisdictions, and so it can be treated here in only the most general terms.

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