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

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

Category:

Federal - Jury Instructions - 7th Circuit - Civil

State:

Multi-State

City:

Columbus

Control #:

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

Format:

Word

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Description

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

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Interesting Questions

What should I keep in mind when choosing a brand name?

Aim for a name that stands out! Consider something fanciful or arbitrary to avoid confusion and give your brand a better chance of trademark protection in the long run.

How do you determine if a mark is inherently distinctive?

To figure this out, consider how much imagination is needed to link the brand name to the product. The more creative, the more likely it is inherently distinctive!

Why is inherent distinctiveness important for trademarks?

Inherent distinctiveness helps you protect your brand, as stronger marks are easier to defend against infringement. A fanciful mark is like gold, while a descriptive mark is more like fool's gold.

Can you give me examples of trademark marks that are considered descriptive?

Descriptive marks directly describe a product’s features or benefits, like 'Creamy' for yogurt. They don’t carry the same protection unless they've acquired distinctiveness over time.

What does it mean if a mark is suggestive?

Suggestive marks hint at the nature or quality of a product without being descriptive. It encourages the imagination - like 'Netflix' suggests a service for watching movies without spelling it out.

How do arbitrary marks differ from fanciful marks?

Arbitrary marks are real words that have no logical connection to the products they represent. For example, 'Apple' for computers is arbitrary because apples are not related to tech at all!

What exactly are fanciful marks in trademark law?

Fanciful marks are made-up words that have no meaning except for the product or service they represent. Think 'Kodak' or 'Exxon' – they are unique and memorable!