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Simple English definitions for legal terms
descriptive trademark
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A quick definition of descriptive trademark:
A descriptive trademark is a word or phrase that describes the product or service it represents. For example, "Soft and Fluffy" for a brand of pillows. These types of trademarks are not very strong and can only be protected if they have become well-known over time. They are not as unique as other types of trademarks like made-up words or symbols.A more thorough explanation:
A descriptive trademark is a type of trademark that is a meaningful word in common usage or that merely describes or suggests a product. This type of trademark is entitled to protection only if it has acquired distinctiveness over time.
For example, "Apple" is a descriptive trademark for a company that sells computers and electronic devices. The word "apple" is a common word in the English language, but it has acquired distinctiveness over time as a trademark for this particular company. Another example is "Holiday Inn" which describes a hotel that is open during holidays.
Descriptive trademarks are considered weak trademarks because they do not have inherent distinctiveness and are not entitled to strong legal protection. However, if a descriptive trademark has acquired distinctiveness over time through extensive use and promotion, it may be eligible for trademark protection.