ABSTRACT
In this chapter, we cover various aspects of “trademarks” or “service marks.” To start with, we explain why identification marks––such as trademarks/service marks, collective marks, certification marks, and trade dress—are important for businesses: (a) to provide instant recognition and unique identity to every business and its products or services; (b) to help the businesses create/grow demand for their products and services; (c) to enable purchasing decisions based on recognizable marks; and (d) finally, to empower the businesses to earn the confidence, trust, and loyalty of the customers. Second, we outline the basic requirements for the above marks. Third, we elaborate the substantive requirements and the key differences between: (a) inherently distinctive marks (arbitrary, fanciful, and suggestive marks); (b) marks capable of acquiring distinctiveness (merely descriptive, primarily geographically descriptive, and personal marks); and (c) marks that are not distinctive. Next, we clarify the various unprotectable marks (immoral, scandalous, deceptive, disparaging, likely to cause confusion, and primarily geographically deceptively misdescriptive marks) with examples. Then, we describe the international treaties, conventions, and agreements on trademarks. Finally, we elaborate useful topics on trademarks––namely infringement, other causes of action (false designation of origin, and false advertising), bad faith registration/fraud, and cybersquatting.
