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  • What marks need to have acquired distinctiveness before they are considered trademarks?
    • The following marks need proof of acquired distinctiveness before they are considered trademarks: 1)marks that describe the goods or services, 2)foreign terms that translated are descriptive in nature, 3)single colors, 4)surnames, 5)misspellings of descriptive terms, 6)product configurations (usually) and 7)geographically descriptive marks.

    Updated: 11/12/99
    Important: These Frequently Asked Questions (FAQs) provided by the Patent Cafe where prepared by N Paul Friederichs III and Andy Gibbs. They are used with permission of the Patent Cafe. More intellectual property resources can be found at the Patent Cafe.

    These Frequently Asked Questions are based on Federal Law.
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