Simple English definitions for legal terms
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A weak trademark is a type of trademark that is descriptive or suggestive of the product or service it represents. This means that the trademark does not have a strong enough connection to the product or service to be considered distinctive. In order to receive federal protection, a trademark must be distinctive, affixed to a product that is actually sold in the marketplace, and registered with the U.S. Patent and Trademark Office.
Examples of weak trademarks include:
These examples illustrate how the trademark is not distinctive enough to be protected. The word "apple" is commonly used to describe the fruit, so it does not have a strong connection to the company that sells them. Similarly, the words "soft" and "fast" are commonly used to describe qualities of products, so they do not have a strong connection to the specific brands of soft drinks or running shoes.