Selecting without Investigation is like playing the Lottery

The discussion under Investigation focuses on the advantages of proper investigation before making a final decision. “Search for the intersection between Selection and Protection,” is my motto.

How important are these factors when choosing a term to use? Based on what you find, the importance of these determining factors will vary. Everyone should evaluate the strength of the mark. Is it strong or weak?

What is a “continuum”? A “continuum” is “a continuous length, succession, or whole that cannot be distinguished from its neighboring parts, except by arbitrarily dividing.” This means that although some terms can be classified neatly in one category, others are labeled according to the subjective opinions of trademark examiners and courts.

What is the trademark continuum? The trademark continuum is defined as “strong to weak” and it is based on a number of “labels”, namely arbitrary (coined, 5 bandar togel terpercaya suggestive), descriptive, merely descriptive, generic, or descriptive. Many terms can be classified into one or more of the categories. However, not all terms on the continuum fit into the same category. Legal protection will be granted to a stronger mark. You, the trademark owner, can enforce your rights and police your mark with less risk. The less protection you have, the further you go along the continuum. Some categories may be “ID”, which stands for Inherently Distinctive, but others aren’t. We suggest that you forget about descriptive terms.

It is best to start with real-life examples to help you understand the continuum. Some will make sense, but others won’t. This is the key to understanding how trademark infringement claims are resolved by the courts. These cases can go either way, so it is important to avoid finding your business in such a situation.