09Oct 2014

Practices: Trademarks | Tags: continuum, descriptiveness, distinctiveness, generic, Supplemental Register

A Black Hole in the Distinctiveness Continuum for U.S. Trademark Applications

Marks that border the line that divides descriptive from generic often topple into a virtual “black hole” on the distinctiveness continuum. The owner of such a mark may be required to meet an indefinite threshold of proof to establish with the...

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