The potential drawback of an imaginary or coined word is that it may require more effort in terms of marketing to present the brand to consumers and build brand and product recognition by educating the consumer, since, at first glance, the consumer may not immediately understand what the product or the service is, or if they need it. They are also the most difficult types of brands to think of, requiring the highest levels of creativity, time and effort (unless you are lucky enough to have a light bulb go out while you are, for example, descriptivity exists whenever the brand describes the characteristics of its offer or some of its characteristics.
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What are the 8 elements used to determine infringement of a trademark?
A court will assess the similarity of brands in light of the way they are in the market and the circumstances surrounding their purchase. The tests may include the relevant market in which the two products are sold, the type of business for which the brands are used, the advertising methods employed by the two parties, and the location where the respective products can be found in stores.
What are some examples of trademark infringement?
A common example of trademark infringement is when clothing manufacturers place branded labels on generic items, trying to make them “pretend to be authentic.”. Trademark infringement violations are very serious and often involve aspects of deceptive business practices.
What is trademark and types?
A trademark provides legal protection for a word, symbol, phrase, logo, design, or combination of those that represent a source of goods or services. Almost anything can be a trademark if you indicate the source of your products and services.
What is the purpose of a trademark?
The primary purpose of a trademark is to protect and distinguish a company's brand and its products or services. Trademarks serve as a valuable form of intellectual property, granting exclusive rights to use a specific name, logo, symbol, or slogan in connection with goods or services.