Trademark Attorney, Lawyer: Trademark Registration & Trademark Infringement: What Are Benefits of Trademark Registration?

« Trademark Registration: Do I have To Hire a Lawyer? | Main | Arbitrary / Fanciful & Registered Trademarks Likely To Be Protected By Courts »

Tuesday, 15 January 2008

Comments

Great info, I will bookmark your blog and follow your future content. Are you allowing us to post any internet access to your blog? If so any referrals?

thanks

If you want to protect your IP, you must obtain a trademark registration for all brands and company names. Without registration, you will not have the leverage you need to protect against trademark infringement.

Wich intellectual is against "intellectual property" or trademark? Ofcourse,every intellectual supports it and every ignorant doesn't give a damn on "intangibile assets".

It is pretty important to trademark intellectual property. Intangible assets are as valuable as tangible assets.

Secondary meaning is the connection in the consumer's mind between the mark and the provider of the product or service. Ice Cold Auto Air of Clearwater, Inc., 828 F. Supp. at 931( citing Investacorp, Inc., 931 F.2d at 1525). To prove secondary meaning, the plaintiff must demonstrate that "the primary significance of the term in the minds of the consuming public is not the product but the producer." Vision Ctr. v. Opticks, Inc., 596 F.2d 111, 118 (5th Cir. 1979). A high degree of proof is necessary to establish secondary meaning for a descriptive term which suggests [**24] the basic nature of the product or service. American Telev. & Communic. Corp. v. American Communic. & Telev., Inc., 810 F.2d 1546, 1549 (11th Cir. 1978). Secondary meaning exists if a substantial number of existing or prospective customers understand the designation when used in connection with a business to refer to a particular person or enterprise. Perini Corporation v. Perini Constr., Inc., 915 F.2d 121, 125 (4th Cir. 1990); Food Fair Stores, Inc. v. Lakeland Grocery Corp., 301 F.2d 156, 160-61 (4th Cir.1962). If a trade name has not acquired secondary meaning, the purchaser will not make an association with a particular producer and thus will not be misled by an identical or similar mark. Thompson Medical Co., 753 F.2d 208, 216 (2d Cir. 1985). A plaintiff may prove secondary meaning by a variety of methods. The following factors are relevant to a secondary meaning inquiry: (1) the length and manner of use; (2) the nature and extent of advertising and promotion; (3) the efforts made by plaintiff to promote a conscious connection with the public's mind between the name and plaintiff's product; and (4) the extent to which the public actually identifies the name with [**25] plaintiff's product. Coach House Restaurant, Inc., 934 F.2d 1551 at 1560; Invesstacorp., 931 F.2d at 1525 (citing Conagra v. Singleton, 743 F.2d 1508, 1513 (11th Cir. 1984)). Although secondary meaning may be proved by customer survey evidence, a survey is not required. See Aloe Creme Labs., Inc., v. Milsan, Inc., 423 F.2d 845, 849 (5th Cir. 1970); Home Savings of America, 219 U.S.P.Q. at 159.

A suggestive mark suggests some characteristic of the product or service to which it is applied, but requires the consumer to use his imagination to determine the nature or the product or service. John H. Harland Co., 711 F.2d at 974. See also Great Southern Bank, 625 So. 2d at 467(suggestive marks include Artype for cutout letters for artists,
[*1357] Coppertone for sun tan oil, Gobble Gobble for processed turkey meat, and Heartwise for low-fat foods). Because a suggestive mark is inherently distinctive, it can be protected without evidence that it has acquired secondary meaning. Id. An arbitrary or fanciful mark bears no relationship to the product or service with [**22] which it is associated. See Great Southern Bank, 625 So. 2d at 467(for example Ivory Soap is not made of ivory, Old Crow whiskey is not distilled from old crows, and Royal baking powder is not used exclusively by royalty). A purely fanciful or arbitrary mark is generally considered strong and is given protection over a wide range of related products and variations of the mark. Id. (quoting 1 J.T. McCarthy, Trademarks & Unfair Competition section 11:24, at 398 (1973). A composite mark is tested by looking at it as a whole, rather than by separate parts. Great Southern Bank, 625 So. 2d at 469.

A descriptive mark identifies a characteristic or quality of a product or service, such as its intended use, ingredients, dimensions, or desirable features. See, e.g., Investacorp, Inc., 931 F.2d at 1522-23(Barn Milk is a descriptive term).
Descriptive marks include marks that are simply descriptive, laudatorily descriptive, and geographically descriptive. See Great Southern Bank v. First Southern Bank, 625 So. 2d 463, 468 (Fla. 1993)(friendly, dependable, preferred, first, and great are examples of laudatory descriptive marks; southern is geographically descriptive). A term that is likely to be perceived by prospective purchasers as merely descriptive of the nature, qualities, or other characteristics of the product or service, or as a mere geographical description of the origins of the goods or services, or as the personal name of a person connected with the goods or services, is not inherently distinctive. Restatement (Third) of Unfair Competition section 14. A descriptive term is not automatically protectable, but it may achieve that status once it has acquired a secondary meaning. Ice Cold Auto Air of Clearwater, Inc., 828 F. Supp. at 931.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name and email address are required. Email address will not be displayed with the comment.)

Official Trademark Clearinghouse Agent