Trademark Infringement, Trademark Registration, Descriptive Trademarks

Understanding Trademark Distinctiveness: The Spectrum of Protection

Jaburg Wilk on 8/20/2025

In trademark law, distinctiveness is key. The more distinctive a mark, the stronger its legal protection—and the easier to register and enforce the mark. Trademark law classifies marks along a spectrum of distinctiveness,...more

Cannabis Trademarks 101

Vicente LLP on 4/29/2021

In an industry that runs on innovation and differentiation, a cannabis brand’s identity is among its most valuable—and most prone to copying—assets. It’s a common myth that cannabis industry brands cannot get trademark...more

Practice Tips: Fair Use of a Trademark (Part I)

Rothwell, Figg, Ernst & Manbeck, P.C. on 12/11/2020

One of the first things entrepreneurs will need to do when branding new companies is to seek and obtain trademark protection. In addition, companies may at times seek to use third party trademarks without formally licensing...more

Year-end Round-up: Notable Trademark Case Law From 2018

Smart & Biggar on 2/2/2019

There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more

The Skinny on “Thins”

Akerman LLP - Marks, Works & Secrets on 10/16/2018

According to the Federal Circuit, the skinny on the term “Thins” is that it may be generic for thinly cut snack crackers. Real Foods Pty Ltd. V. Frito-Lay North America, Inc., (October 4, 2018 Fed. Cir.)....more

U.S. – Reframing the Test for Genericness in the Soft Drink Wars

Hogan Lovells on 7/19/2018

Royal Crown Co., Inc. v. The Coca-Cola Co., 2018 WL 3040163 (Fed. Cir. June 20, 2018) - In late June, the Federal Circuit issued an opinion in the year-long litigation between Royal Crown Co., Inc. (“RC”) and The...more

Considerations When Using Descriptive or Generic Trademark Terms

Snell & Wilmer on 11/15/2016

I. Adding Distinctive Terms or Logos to a Descriptive or Generic Term Will Not Protect the Descriptive or Generic Term. A descriptive trademark1 is one that immediately brings to mind a use, purpose, function,...more

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