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Suggestive Mark - Law Dictionary Search Results

Home Dictionary Name: suggestive mark

suggestive mark

suggestive mark A mark that, when applied to the goods or services at issue, requires imagination, thought or perception to reach a conclusion as to the nature of those goods or services. Source: U.S. Patent and Trademark Office ...


suggestive

suggestive : giving a suggestion or making a hint: as a : being a trademark, trade dress, trade name, or service mark that requires the consumer to use thought and imagination to perceive the nature of the product or service NOTE: Suggestive marks are entitled to trademark protection without proof of secondary meaning. b : relating to or being a lineup that in some way suggests to the witness which member of the lineup is in fact the defendant ...


weak mark

weak mark : a trademark or service mark that is descriptive or suggestive of the product or service and entitled to a lesser degree of protection than a strong mark compare strong mark ...


arbitrary marks

arbitrary marks Comprise words that are in common linguistic use but, when used to identify particular goods or services, do not suggest or describe a significant ingredient, quality or characteristic of the goods or services (e.g., "Apple" for computers; "Old Crow" for whiskey). Source: U.S. Patent and Trademark Office ...


suggestion

suggestion 1 a : the act or process of suggesting b : something suggested 2 : an entry on the record of a fact or circumstance (as the death or insolvency of a party) material to a case and essential for the court in making its determination [reference to a party's death in a pleading was not the equivalent of a formal of death on the record "Kissic v. Liberty Nat'l Life Ins. Co., 641 So. 2d 250 (1994)"] ...


Trade marks

Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...


Trade mark and property mark

Trade mark and property mark, the concept of trade mark is distinct from that of a property mark. A mark, as defined by s. 2(1)(j) of the Trade and Merchandise Marks Act, 1958, includes a device, brand, heading, label, ticket, name, signature, world, letter or numerical or any combination thereof. A trade mark means a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use that mark. The function of a trade mark is to give an indication to the purchaser or a possible purchaser as to the manufacture or quality of the goods, to give an indication to his eye of the trade source from which the goods come, or the trade hands through which they pass on their way to the market. On the other hand, a property mark, as defined by s. 479 of the Penal Code means a mark used for denoting that a movable property belongs to a particular person. Thus, the distinction be...


suggest

suggest 1 : to mention or imply as a possibility 2 : to enter on the record as a suggestion ...


Property mark, trade mark

Property mark, trade mark, a property mark, as defined by s. 479 of the Indian Penal Code means a mark used for denoting that a movable property belongs to a particular person. The distinction between a trade mark and a property mark is that whereas the former denotes the manufacture or quality of the goods to which it is attached, the latter denotes the ownership in them. In other words, a trade mark concerns the goods themselves, while a property mark concerns the proprietor. A property mark attached to the movable property of a person remains even if part of such property goes out of his hands and ceases to be his, Sumat Prasead Jain v. Sheojonaw Prasad, AIR 1972 SC 2488 (2490): (1973) 1 SCC 56. [Penal Code, s. 479; Trade and Merchandise Marks Act, 1958, s. 2(1)(i) & (v)]...


Property mark

Property mark, as defined by s. 479 of the Penal Code means a mark used for denoting that a movable property belongs to a particular person. The concept of a trade mark is distinct from that of a property mark. A mark as defined by s. 2(1) (j) of the trade and Marchandise Marks Act, 1958, includes a device, brand, heading, label, ticket, name, signature, word, letter or numerical or any combination thereof, Sumat Prasad Jain v. Sheojanam Pradas & State of Bihar, AIR 1972 SC 2488: (1973) 1 SCC 56: (1973) 1 SCR 1050....


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