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Trademark Weight
what it is, what it does
Trademark weight influences trademark
determinations. When a a feature or attribute of a trademark has trademark
weight, it is significant or consequential in the determination of issues such
as:
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Likelihood of confusion with another
trademark,
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Whether
a trademark is descriptive
-
Whether a trademark is
generic
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Whether a trademark is geographic
These determinations can be crucial for
federal registration, infringement analysis, etc.
If a trademark feature or attribute has a respectable degree of trademark
weight, it is considered in the analysis. If a feature or attribute has a
little to no trademark weight, it is ignored.
Spelling Variants/Short Forms Accorded No Trademark Weight
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A spelling variant, such as "EZEE"
for "Easy", or short form, such as "Specs" for "Spectacles" or eye glasses, is accorded no trademark weight --
it is ignored (treated as equivalent to the original) when determining issues such as descriptiveness, likelihood of
confusion and the like.
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In other words, if the trademark in any spelling or
word form is generic, descriptive, too close to another
trademark, ...., the spelling variant or short form will not cure the infirmity.
Generic Addition Accorded No Trademark Weight
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Generic addition, such as the "Chicago Attorney" in "Venue Chicago Attorney"
or "Paint Store" in "Verve Paint Store", is accorded no trademark weight --
it is ignored when determining issues such as descriptiveness, likelihood of
confusion and the like.
-
In other words, if the word without generic addition
- such as "Venue" or "Verve" is generic, descriptive, too close to another
trademark, ...., the generic addition will not cure the infirmity.
TLDs Accorded No
Trademark Weight
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The TLD part of the mark is accorded no trademark
weight, -- it is ignored when determining issues such as descriptiveness,
likelihood of confusion and the like.
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In other words, if the domain name is generic, descriptive, too close to another
trademark, ...., the .com, .org, .net (etc.)
will not cure the infirmity.
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Exception, still hypothetical, is a
.com or whatever that creates a composite sufficiently more distinctive in
commercial impression than its separate parts (via incongruity, double entendre
etc.).
Word Strings Accorded No Trademark Weight
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Word stringing, such as "chicagoattorney" or "paintstore",
is accorded no trademark weight -- it is ignored when determining issues such as
descriptiveness, likelihood of confusion and the like.
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In other words, if the phrase without word stringing - such as "Chicago
attorney" or "paint store" is generic, descriptive, too close to another
trademark, ...., the word stringing
will not cure the infirmity.
Not every trademark "twist" - spelling/grammar distortion -
will relieve a poor trademark choice. Many "twists" will be deemed the
equivalent of the "untwisted". A professional evaluation is recommended
before you proceed.
other topics -
naming and branding,
oppositions,
trademark searches,
trademark
registrations,
domain names, slogans,
patent myths,
copyright myths
questions, inquiries
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contact the firm
(all contact modes)
or call 312.419.8055
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