The abbreviation U.S.C.A. refers to United States Code Annotated, which is a compilation of laws enacted by the United States Congress. Among these laws, § 1052(e)(1) states that a trademark cannot simply describe the product it represents. For instance, if someone attempted to trademark the word “apple” for selling apples, it would be deemed ineligible as it lacks distinctiveness and fails to differentiate one producer from another. This provision is crucial as it enables consumers to discern between various brands of the same product.
The United States Code Annotated (U.S.C.A.) is a compilation of federal laws categorized by subject matter. Within the U.S.C.A., section 1052(e)(1) pertains to trademarks. This section emphasizes that trademarks should not be evaluated in fragments, but rather as a whole. The evaluation process involves determining if a trademark is descriptive or possesses a secondary meaning. A trademark that solely describes a product lacks the ability to differentiate one producer from another. For instance, the term “apple” would be a descriptive name for the fruit and fails to convey any information about the distinct origins of apples produced by different companies. Granting a company the ability to trademark a descriptive term would result in a monopoly over a necessary aspect of product description. An example of a descriptive trademark is “Lite Beer,” which indicates low calorie content but does not distinguish one beer producer from another. Similarly, “The Computer Store” describes a store selling computers but does not differentiate it from other computer stores. These examples exemplify the definition by illustrating how a descriptive trademark fails to distinguish producers and how granting a trademark for a descriptive term would lead to a monopoly on an essential product description element.
U.S.C.A. stands for United States Code Annotated, which is a comprehensive collection of federal laws and statutes that have been annotated with case law interpretations, historical notes, and cross-references.
The U.S. Code is the official compilation of federal laws, while U.S.C.A. is a commercial publication that includes additional annotations and editorial enhancements to help users understand and interpret the laws.
Yes, U.S.C.A. is available online through various legal research platforms and databases, making it easily accessible to legal professionals and researchers.
While U.S.C.A. can be a valuable research tool, it is not considered an official legal source and should be used in conjunction with the official U.S. Code and relevant case law.
U.S.C.A. is updated on a regular basis to reflect changes in federal laws and court decisions, ensuring that users have access to the most current information.
U.S.C.A. primarily focuses on federal laws, but some editions may include annotations for certain state laws as well.
Yes, U.S.C.A. is available in print format for those who prefer to use physical copies for their research and reference needs.
Yes, U.S.C.A. includes historical notes and references that allow users to track the evolution of laws over time.
Yes, U.S.C.A. is organized into different titles and volumes that cover various legal topics, such as criminal law, tax law, and labor law.
When citing U.S.C.A., it is important to include the title, section, and edition information, as well as the specific annotation or case law reference if applicable.
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: 17th April 2024.
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