Wednesday, June 5, 2013
Why trademarks are granted or denied.
This is a good article illustrating why trademarks are granted or refused. All forms of intellectual property -- except trade secrets -- are rewards for creativity, progress and innovation. That reward, however, does not come at public expense except when it is an incentive for further innovation (i.e., 20-year patent terms). This is why trademarks are refused for indistinct marks; there is no public benefit to grant ownership over a word or symbol when people do not recognize it. On the other hand, it protects the public to grant ownership over a distinctive mark, because the public is confused if others are allowed to use something readily identifiable with a certain person or company.