Trade mark disclaimers

Trade mark disclaimers

Brands often consist of multiple word elements in which one component is a uniquely coined term (as it relates to the goods or services sold under the mark) and the other component is a common descriptive term. When a trade mark dispute arises between two parties, one issue that US trade mark tribun...

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Bibliographic Details
Published in:Managing Intellectual Property
Main Authors: Karen Artz Ash, Danow, Bret J
Format: Trade Publication Article
Language:English
Published: London Euromoney Institutional Investor PLC 01-04-2009
Subjects:
Disclaimers
Jargon
Lanham Act 1946-US
Regulation
Third party
Trademarks
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Summary:Brands often consist of multiple word elements in which one component is a uniquely coined term (as it relates to the goods or services sold under the mark) and the other component is a common descriptive term. When a trade mark dispute arises between two parties, one issue that US trade mark tribunals must deal with in determining whether or not there is a likelihood of confusion between two marks is the effect that any descriptive components of the marks may have. US trade mark law does not allow a trade mark owner to claim exclusive rights in and to any term which describes the goods or services offered under the proposed mark or a characteristic or feature thereof.
ISSN:0960-5002