Trademark Attorney, Lawyer: Trademark Registration & Trademark Infringement: Arbitrary / Fanciful & Registered Trademarks Likely To Be Protected By Courts

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Wednesday, 16 January 2008

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While a trademark can be either generic, descriptive, suggestive, or arbitrary/fanciful, life is easier as a trademark holder and a trademark attorney when the trademark is suggestive or arbitrary/fanciful. The courts have provided the guidance needed to choose a trademark and brand that will be suggestive or arbitrary/fanciful, and therefore distinctive and entitled to greater protection. While descriptive marks can be protected, the trademark holder must prove secondary meaning. When choosing a trademark, remember that protecting it down the line depends upon its classification. As such, a trademark attorney can help select a suggestive or arbitrary trademark and advise you if you are considering a descriptive, or even worse, generic trademark.

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