13.1.2.2.4 Validity — Trademark/TradDoeses— - Acquired Distinctiveness is a legal concept that refers to a trademark or trade dress that has become distinctive of a specific source of goods or services due to its use in commerce over time. The concept applies to trademarks and trade dress that are not inherently distinctive. There are two types of acquired distinctiveness: inherent distinctiveness and acquired distinctiveness. Inherent distinctiveness refers to a trademark or trade dress that is inherently distinctive, meaning it is immediately recognizable as a source identifier. Acquired distinctiveness refers to trademarks and trade dress that have become distinctive of a specific source of goods or services due to its use in commerce over time.
13.1.2.2.4 Validity - Trademark/Trade Dress - Acquired Distinctiveness
Description
How to fill out 13.1.2.2.4 Validity - Trademark/Trade Dress - Acquired Distinctiveness?
US Legal Forms is the most straightforward and cost-effective way to find suitable legal templates. It’s the most extensive web-based library of business and individual legal paperwork drafted and verified by legal professionals. Here, you can find printable and fillable templates that comply with national and local laws - just like your 13.1.2.2.4 Validity - Trademark/Trade Dress - Acquired Distinctiveness.
Getting your template requires only a few simple steps. Users that already have an account with a valid subscription only need to log in to the website and download the form on their device. Later, they can find it in their profile in the My Forms tab.
And here’s how you can get a professionally drafted 13.1.2.2.4 Validity - Trademark/Trade Dress - Acquired Distinctiveness if you are using US Legal Forms for the first time:
- Look at the form description or preview the document to guarantee you’ve found the one corresponding to your needs, or locate another one utilizing the search tab above.
- Click Buy now when you’re sure of its compatibility with all the requirements, and choose the subscription plan you like most.
- Register for an account with our service, sign in, and pay for your subscription using PayPal or you credit card.
- Choose the preferred file format for your 13.1.2.2.4 Validity - Trademark/Trade Dress - Acquired Distinctiveness and save it on your device with the appropriate button.
Once you save a template, you can reaccess it at any time - just find it in your profile, re-download it for printing and manual fill-out or upload it to an online editor to fill it out and sign more efficiently.
Take advantage of US Legal Forms, your trustworthy assistant in obtaining the required formal documentation. Give it a try!
Form popularity
FAQ
Acquired distinctiveness is a claim that can be made when registering a trade mark that is not distinctive per se but that has become distinctive as a consequence of its use on the market.
Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intellectual property protection law.
Trade dress is protected by the Federal Lanham Act, which prohibits trademark infringement; trade dress falls under the umbrella of this, meaning your company's trade dress is protected automatically by this law.
Trade dress can be protected through common law rights. However, the Lanham Act also protects trade dress and allows it to be registered with the U.S. Patent and Trademark Office (USPTO) as a trademark. Generally, an application to register trade dress must include all the same content as a trademark application.
Trade dress is inherently distinctive if its unusual and memorable nature serves primarily to designate the origin or the product or services, and is also conceptually separate from the product or services.
What is a trademark, and what is a trade dress? A trademark is a recognizable identifier, such as words, designs, logos or colors associated with your business, while trade dress encompasses the visual appearance of your goods or services and packaging.
They are prima facie registrable since they're considered inherently distinctive. Common examples include Kodak®, Exxon®, Polaroid® and Pepsi®. None of these terms were listed in dictionaries prior to their commercial use as trademarks.
The trademark performs a different function than the trade name. The trade name identifies the company while a trademark distinguishes and identifies the source of the goods or services. Confusion can also emanate from the common practice of some businesses including part of or all of the trade name in the trademark.