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A Few Trademark Grammar School Facts

Posted in Copyrights, Genericide, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Trademark Bullying, Trademarks, Truncation

Any recent graduate of trademark grammar school knows, at least, the following twenty facts (perhaps there is, at least, one opinion among them):

  1. A trademark identifies, distinguishes, and indicates the origin of goods;
  2. A trademark should be searched and cleared before adoption and first use;
  3. A trademark needs a trademark attorney to take a position on availability;
  4. A trademark is one form of intellectual property;
  5. A trademark can be federally registered;
  6. A trademark is not a patent;
  7. A trademark is not a copyright;
  8. A trademark is not limited to distinctive words and symbols, but includes devices too.
  9. A trademark cannot be composed of functional subject matter.
  10. A trademark can offend.
  11. A trademark sometimes can be truncated.
  12. A trademark can cause a likelihood of confusion;
  13. A trademark can be infringed and even diluted (if famous);
  14. A trademark can be misused as the overreaching weapon of a trademark bully.
  15. A trademark that is suggestive is inherently better than a descriptive one.
  16. A trademark sometimes can become generic and available for anyone to use.
  17. A trademark is an adjective that modifies a noun, i.e., Rollerblade in-line skates.
  18. The word “trademark” has both noun and verb meanings (making some unhappy);
  19. Best to avoid the d-word when explaining the genesis of your trademark.
  20. Dated trademark advice is dangerous.

Could you graduate from trademark grammar school?

Your GPA? Any surprises here?