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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
If your trademark isn’t distinctive, it may not be eligible for protection, meaning others could use similar names or logos, leaving your brand vulnerable in the marketplace.
You can check if your trademark is distinctive by analyzing its uniqueness and how much it stands out from other similar brands. A good rule of thumb is whether it sparks recognition without extra promotion.
Trademark distinctiveness is key because it helps consumers identify the source of goods and helps companies protect their brands from copycats.
Suggestive trademarks hint at the product’s nature or quality without directly describing it. Think 'Netflix' suggesting a movie service but not stating it outright.
Sure thing! An arbitrary trademark is a common word used in a completely unrelated way, like 'Apple' for computers. It’s just an everyday word that has no connection to the tech industry.
Fanciful trademarks are made-up words that have no meaning other than for the brand, like 'Kodak' or 'Xerox.' They are the cream of the crop for trademark protection.
Inherent distinctiveness refers to how unique a trademark is on its own, without needing to prove its recognition among consumers.