Saturday, December 20, 2008

Ebook says it makes trademark law easy to understand

A website called “Trademarkingebook” purports to make trademarks understandable and usable by ordinary people. The site is and the site is called “Trademarking Made Easy.”

It mentions the apparent use by Paris Hilton of “that’s hot” as a trademark, and then explains the four kinds of words that help make a brand distinct. These are (1) arbitrary [strongest] like “Exxon”, (2) suggestive, (3) descriptive, and (4) common or generic. Ordinary words are the least likely to be indicative and unique enough to become credible as a brand and qualify for trademark protection according to the USPTO. In many cases, different organizations in different lines of businesses can use similar or even the same names. For example, no one would confuse “Lowes” home improvement with “Loews” theaters.

The website also discusses the concept of “service mark” as opposed to trademark, and the relationship to the “R” symbol.

The site has a download for the ebook by credit card; I could not find it on Amazon, although maybe I didn’t look right.

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