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| Terms: |
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Generic Name:
terms that the relevant
purchasing public understands primarily as the common or class name for
the goods or services. These terms are incapable of functioning as
trademarks denoting source, and are not registrable on the Principal
Register under §2(f) or on the Supplemental Register. Examples include:
CLASSES ONLINE for classes provided via the Internet, PIZZA.COM for
pizza ordering and delivery services, and LIVE PLANTS for plant
nurseries.
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Genericness: A trademark can become
generic when it loses its ability to indicate a source of origin. When a
substantial segment of the public thinks of a term as representing the
object instead of being a trademark, it is generic and anyone can use
it. To prevent trademarks from becoming generic, they should always be
used as adjectives instead of nouns, and written or typed in a special
form, e.g., with an initial or all capital letters helps, and with a
trademark indicator, e.g. the "Circle R" (®) symbol. |
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| Goodwill: By marketing goods, or
providing services under a trademark, the trademark owner acquires
certain protectable intangible property rights, referred to as
"goodwill." It takes time and effort to build goodwill, and it
can sometimes be destroyed overnight. Goodwill becomes associated with
the trademark and must be included when the trademark is sold or the
transfer is void. However, there is more to transferring goodwill than
making a recital, and the business or tangible assets associated with
the trademark should be transferred as well. If the purchaser is already
in business, then less is required from the assignor. The key is for the
public to receive the same quality goods before and after the sale. The
responsibility is the buyer's to get whatever assets are required to
achieve this goal. |
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