A suggestive mark is a form of trademark that implies the nature of the product or service being offered without explicitly describing it. For instance, “Netflix” implies the streaming of movies and TV shows without directly stating it. In order to be legally protected, a trademark must be distinctive and officially registered with the government. Suggestive marks are a category of trademarks that can receive protection.
A suggestive trademark is a kind of mark that implies the nature or quality of the product or service it represents, without explicitly stating it. It necessitates some level of creativity or contemplation to comprehend the correlation between the mark and the product or service. For instance, the trademark “Netflix” implies a service that offers movies and TV shows to watch at home, but it doesn’t directly explain the service. Suggestive trademarks are deemed more robust and unique than descriptive trademarks, which straightforwardly describe the product or service. They are safeguarded under trademark law and can be registered with the U.S. Patent and Trademark Office.
A suggestive mark is a type of trademark that suggests, but does not directly describe, the nature or quality of the goods or services being offered.
A suggestive mark requires some imagination or thought to connect it to the goods or services, while a descriptive mark directly describes a characteristic or quality of the goods or services.
Yes, suggestive marks can be registered with the United States Patent and Trademark Office (USPTO) if they are distinctive and not merely descriptive.
Examples of suggestive marks include “Coppertone” for sunscreen, “Netflix” for streaming services, and “Greyhound” for bus transportation.
Consulting with a trademark attorney can help you determine the distinctiveness of your mark and whether it is suggestive or descriptive.
Yes, suggestive marks are entitled to protection from infringement under trademark law, as long as they are distinctive and not merely descriptive.
Yes, suggestive marks are generally considered stronger and more protectable than descriptive marks because they require consumers to use their imagination to connect the mark to the goods or services.
Yes, if a suggestive mark becomes widely used to refer to a category of goods or services, it can lose its trademark protection and become generic.
If you believe someone else is infringing on your suggestive mark, you should consult with a trademark attorney to discuss your options for enforcement.
Yes, suggestive marks can be used in advertising and marketing to convey the nature or quality of the goods or services in a creative and memorable way.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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