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Mere Descriptiveness
Categories: Patent,
statutory basis (trademark act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), TMEP 1209 et seq. for refusing registration of trademarks and service marks because the proposed mark merely describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. With regard to trademark significance, matter may be categorized along a continuum, ranging from marks that are highly distinctive to matter that is a generic name for the goods or services. The degree of descriptiveness can be determined only by considering it in relation to the specific goods or services. At one extreme are marks that are completely arbitrary or fanciful. Next on the continuum are suggestive marks, followed by merely descriptive matter. Finally, generic terms for the goods or services are at the opposite end of the continuum from arbitrary or fanciful marks. The major reasons for not protecting descriptive marks are: (1) to prevent the owner of a mark from inhibiting competition in the sale of particular goods or services; and (2) to maintain freedom of the public to use the language involved, thus avoiding the possibility of harassing infringement suits by the registrant against others who use the mark when advertising or describing their own products. (See also descriptive mark)
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Definition / Meaning of
Hand
Categories: Banking,
nounthe part of the body at the end of each armUsageto shake handsto hold someone's hand when meeting to show you are pleased to meet them, or to show that an agreement has been reached ExampleThe two negotiating teams shook hands and sat down at the conference table.Usageto shake hands on a dealto shake hands to show that a deal has been agreedUsageby handusing the hands, not a machine ExampleThese shoes are made by hand.Usageto send a letter by handto ask someone to carry and deliver a letter personally, not sending it through the postUsagein handkept in reserve Examplewe have £10,000 in handUsagebalance in hand, cash in handcash held to pay small debts and running costsUsagework in handwork which is in progress but not finishedUsagegoods left on handunsold goods left with the retailer or manufacturer ExampleThey were left with half the stock on their hands.Usageto handhere or presentUsageI have the invoice to handI have the invoice in front of meUsageto change handsto be sold to a new owner ExampleThe shop changed hands for £100,000.Usagein witness whereof, I set my handI sign as a witness
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