U.S. courts treat some marks as “weak marks” that cannot be protected without proof of acquired distinctiveness (secondary meaning). Which of the following would constitute weak marks? 1.…
Question and options
U.S. courts treat some marks as “weak marks” that cannot be protected without proof of acquired distinctiveness (secondary meaning). Which of the following would constitute weak marks?
1. Descriptive marks
2. Geographic marks
3. Surnames
1. Descriptive marks
2. Geographic marks
3. Surnames
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Answer and explanation
Correct answer: D - 1, 2 and 3
Descriptive marks, geographic terms and surnames are all weak marks that need secondary meaning before protection; hence 1, 2 and 3.
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