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LSDefine
Simple English definitions for legal terms
descriptive word
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A quick definition of descriptive word:
A descriptive word is a word that describes a general characteristic or function of a product or service. It cannot be registered as a trademark unless it has become strongly associated with one particular brand in the minds of consumers. This means that everyone has the right to use descriptive words in their usual meaning, and no one can claim exclusive ownership of them.
A more thorough explanation:
A descriptive word is a term that describes a general characteristic or function of a product or service. For example, "soft" is a descriptive word for a pillow, and "fast" is a descriptive word for a car.
However, a descriptive word cannot be registered as a trademark unless it has acquired secondary meaning in the minds of consumers, meaning that it is directly associated with one brand. This is because a trader cannot appropriate words or symbols that are public property and that others may use with equal truth and right for the same purpose.
For instance, "Apple" is a descriptive word for a fruit, but it has acquired secondary meaning as a trademark for the technology company. Similarly, "Kleenex" is a descriptive word for facial tissue, but it has become synonymous with the brand name.
These examples illustrate how a descriptive word can become a trademark if it has acquired secondary meaning in the minds of consumers, allowing it to be associated with a specific brand.