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13.1.2.2.1 Validity - Trademark - Inherent Distinctiveness --...

13.1.2.2.1 Validity - Trademark - Inherent Distinctiveness -- Fanciful, Arbitrary, and Suggestive Marks

Name: 13.1.2.2.1 Validity - Trademark - Inherent Distinctiveness -- Fanciful, Arbitrary, and Suggestive Marks
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Federal - Jury Instructions - 7th Circuit - Civil

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Multi-State

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US-JURY-7THCIR-13-1-2-2-1

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 13.1.2.2.1 Validity Trademarkar— - Inherent Distinctiveness -- Fanciful, Arbitrary, and Suggestive Marks: This form of trademark validity refers to the inherent distinctiveness of certain types of trademarks, such as fanciful, arbitrary, and suggestive marks. Fanciful marks are made-up words that have no real-world meaning, such as "Kodak" or "Xerox". Arbitrary marks are words that exist in the real world but have no connection to the goods or services they are used to identifying, such as "Apple" for computers. Suggestive marks are words that have a connection to the goods or services they are used to identifying, but don't directly describe them, such as "Coppertone" for sunscreen. These types of trademarks are inherently distinctive and are afforded the highest level of protection by the courts.

13.1.2.2.1 Validity Trademarkar— - Inherent Distinctiveness -- Fanciful, Arbitrary, and Suggestive Marks: This form of trademark validity refers to the inherent distinctiveness of certain types of trademarks, such as fanciful, arbitrary, and suggestive marks. Fanciful marks are made-up words that have no real-world meaning, such as "Kodak" or "Xerox". Arbitrary marks are words that exist in the real world but have no connection to the goods or services they are used to identifying, such as "Apple" for computers. Suggestive marks are words that have a connection to the goods or services they are used to identifying, but don't directly describe them, such as "Coppertone" for sunscreen. These types of trademarks are inherently distinctive and are afforded the highest level of protection by the courts.

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Like fanciful marks, arbitrary marks are those trademarks or service marks that consist of a word or symbol that has nothing to do with the products or services being offered. Unlike fanciful marks, an arbitrary mark is a real word, but the word is used such that there is no connection to the meaning.

The Four Types of Trademarks Generic. Descriptive. Suggestive. Arbitrary or Fanciful.

Devices that are fanciful, arbitrary, or suggestive are considered distinctive enough to function as trademarks. On the other hand, if a device is descriptive, the device can function as a trademark or service mark only if it has obtained secondary meaning. Generic devices can never be a trademark.

Types of trademarks for products include five main categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark. A generic trademark actually doesn't qualify for a trademark unless it includes more specific detail.

Suggestive trademarks are words that suggest some quality of the goods or services, but don't state that quality of the goods or services outright. Consider Coppertone® for sun-tanning products.

An inherently distinctive trademark is a mark that lacks descriptive wording in relation to your goods or services. It's tempting to choose a name or term that describes a quality or characteristic of your product. Resist that temptation and try to come up with a mark that is fanciful or imaginative.

An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider. Shell gas stations and Camel cigarettes are other good examples.

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Fanciful marks comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark. Fanciful or Coined Marks.A fanciful or coined mark is at the strongest end of the spectrum because it is inherently distinctive. Arbitrary or fanciful marks are inherently distinctive -- i.e. Capable of identifying an underlying product -- and are given a high degree of protection.

13.1.2.2.1 Validity - Trademark - Inherent Distinctiveness -- Fanciful, Arbitrary, and Suggestive Marks

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What are fanciful arbitrary and suggestive trademarks?

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