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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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<blockquote data-quote="S'mon" data-source="post: 5078580" data-attributes="member: 463"><p>A mark can be descriptive and still valid, even in the UK (though apparently not EU-wide, going by the ECJ finding in <em>Doublemint</em>), as long as the public has come to associate the descriptive phrase with a particular product. The example we use for our students is Sweet'n'Low for artificial sweetener. The mark still has to be <em>capable of distinguishing</em> one company's product from another company's, or else it's generic and not protectable. </p><p></p><p>Note that a publicity campaign to raise awareness can increase distinctiveness, and that is exactly what this thread is! I and lots of people who would previously have thought of 'army builder' as a generic term, now associate it with this product. Even bad publicity can be beneficial, for TM distinctiveness.</p></blockquote><p></p>
[QUOTE="S'mon, post: 5078580, member: 463"] A mark can be descriptive and still valid, even in the UK (though apparently not EU-wide, going by the ECJ finding in [I]Doublemint[/I]), as long as the public has come to associate the descriptive phrase with a particular product. The example we use for our students is Sweet'n'Low for artificial sweetener. The mark still has to be [I]capable of distinguishing[/I] one company's product from another company's, or else it's generic and not protectable. Note that a publicity campaign to raise awareness can increase distinctiveness, and that is exactly what this thread is! I and lots of people who would previously have thought of 'army builder' as a generic term, now associate it with this product. Even bad publicity can be beneficial, for TM distinctiveness. [/QUOTE]
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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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