Trademark Attorney, Lawyer: Trademark Registration & Trademark Infringement: What is a Descriptive Trademark?

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Tuesday, 08 November 2011

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The difference between a descriptive and generic trademark or service mark is also very grey sometimes. It is critical that a company does not pick a mark that is so descriptive that a court might think it is generic, or provide an easy defense to a claim of trademark infringement by your lawyer in a threat letter.

Everyone wants to chose a brand or product name that tells consumers what the product is or does. While that short term goal is predictable, a good trademark lawyer will tell you to pick a suggestive trademark or arbitrary trademark that could only mean you. Think Nike, Google, Facebook, Twitter.... Strong trademarks that do not describe the service or product offering. Easy to defend against infringement.

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