Choosing a trademark is much more than just analyzing the legal availability.
Applicants should choose a mark that is distinctive, or capable of identifying the source of a particular good. In determining whether a mark is distinctive, courts have grouped marks into four categories, based on the relationship between the mark and the underlying product – arbitrary or fanciful, suggestive, descriptive, or generic. This video reviews these four types of marks; and discusses, due to marks varying in distinctiveness, the degree of legal protection afforded a particular trademark may vary categorically.
Cecilia R. Dickson
The Webb Law Firm
· Partner, The Webb Law Firm, IP focused boutique of 50+ IP lawyers located in Pittsburgh, PA
· 15+ years of trademark specific experience, including, international filing strategies, prosecution, portfolio management, enforcement litigation and licensing
· Former president of the Pennsylvania Bar Association IP Law Section, the Pittsburgh Intellectual Property Law Association and the Q. Todd Dickinson Inn of Court
· Graduate of Harvard Law School
Christopher P. Sherwin
The Webb Law Firm
· Senior associate, The Webb Law Firm, IP focused boutique of 50+ IP lawyers located in Pittsburgh, PA
· 7+ years of trademark specific experience, including, advising on international filing strategies, prosecution, portfolio management and enforcement
· Works with domestic and international independent inventors, small business, and large corporations to manage and protect their IP assets, including patents, trademarks, and copyrights
· Graduate of Penn State University and WVU Law School
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