The trademark APPLE is probably the most famous modern example using a "food" word in relation to computers. A Beginner's Guide to Arbitrary Trademark Application (with Examples!) Arbitrary Trademark. The Federal Circuit has defined an arbitrary mark as "a known word used in an unexpected or uncommon way." For example, a computer seller can trademark the word "Apple" to sell computer products because there is no relation between . The three strongest types of trademarks are suggestive trademarks, arbitrary trademarks, and fanciful trademarks. These trademarks rely on the consumers imagination to connect the meaning of the word with the business or product. Examples of some arbitrary trademarks: Amazon, Apple, Camel, Coach, Dove, Shell Suggestive trademarks are not unique. An arbitrary mark is one that has no relation to the goods/services it represents. Five Categories of Trademarks (Cont.) 6. Good examples of arbitrary marks are Apple for computers and Kodak for cameras. While this can help build consumer recognition in the beginning, it does very little to protect a company from a legal perspective. Arbitrary trademarks are very strong and entitled to protection under law. In doing so, however, they require a bit of imagination on the part of the consumer. In other words, ideally the mark would hold a meaning that is ordinary and significant to people on a daily basis . Therefore, we will not be contacting you. Though not as inherently distinctive as fanciful trademarks, some of the worlds most valuable brands are arbitrary trademarks. So, ultimately, as a trademark attorney, I tend to advise my clients to select, where possible, inherently distinctive marks, such as an arbitrary trademark. An arbitrary mark is one that may have a commonly known meaning, but the meaning is unrelated to the products for which the mark is used. Arbitrary marks are considered inherently distinctive and are given some of the broadest protections, alongside fanciful and suggestive trademarks. sentence for "arbitrary". Worried About Raising Capital in a Recession? Disclaimer: The information on this website is for general information purposes only. . Anyone attempting to use apple as a trademark for phones or computers will face a steep Your intent as a defendant will be relevant. Arbitrary marks:- An arbitrary trademark is usually a common word which is used in a meaningless context (e.g. Common examples of fanciful or coined trademarks include KODAK . Recognizing the variety of other types of trademarks available can help you better understand your rights. This can be much more difficult for completely unique identifiers than those that already have a foundation in peoples vocabulary. Suggestive marks describe some aspect of the product or service. The second best designation is "arbitrary," which would be a word that does exist but whose dictionary definition has nothing to do with the actual product or service. Today, I will be answering the question: What is an arbitrary trademark?. Disclaimer: The information on this website is for general information purposes only. Any truly unique brand identifier is considered fanciful. Unlike fanciful and arbitrary source indicators, suggestive trademarks describe some aspect of the product or service being offered. An advantage to suggestive marks is that they may provide some instant inherent element of sales appeal and they may not require as much education of the consumer as arbitrary, fanciful, or coined marks. For example, Jaguar and Greyhound are both brands related to automobiles, designed to impart the characteristics of the animals onto the product. Most new business owners have a tendency to utilize brand identifiers that immediately identify their products or services in some way. An example is the Apple trademark. We all know that the common meaning of apple is as a fruit, which is pretty far removed from the. Coach (luxury accessories). Neither "Apple" nor "Sun" describes any aspect of computers. Glosbe uses cookies to ensure you get the best experience. "Apple," for instance, as applied to computers. Target, a retail store: example; Band-aid, a bandage manufacture: Non-example. This is one of the riskier aspects of choosing a fanciful source indicator. Nothing about the words intrinsically describe or even suggest a feature or other aspect of the products/services being offered. A few examples of suggestive trademarks are Greyhound (buses), Jaguar (vehicles), and Playboy (magazine). This may be straightforward where you are using the exact same arbitrary mark for the same type of goods or services. - Bold Patents A Beginner's Guide to Arbitrary Trademark Application (with Examples!) Product trademarks are broadly classified into five categories. An arbitrary mark is composed of a word or words that have a common meaning in the language of the relevant jurisdiction; however, that meaning is unrelated to the goods or services for which the mark is used. While trademarks that describe the goods or services can help from a marketing perspective, from a legal perspective the best trademarks are those that have no relation to the goods or services at issue. An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. On the other hand, if Sun can show it is moving into automotive technology, your junior use would be more likely to be considered infringing. Examples of trademarks that have been ruled suggestive by courts: "Equine Technologies" - suggestive for horse hoof pads "CarMax" - suggestive for a used car dealership "L'Eggs" - suggestive for pantyhose "Public Eye" - suggestive for a weekly tabloid publication "Quick Green" - suggestive for grass seed A suggestive trademark suggests a characteristic or quality of a business or product but doesnt describe it without some imagination or mental pause. However, in the event that they have not selected an arbitrary trademark or are already using a mark that wouldnt qualify as an arbitrary trademark, there are still things that can be done to enforce your trademark rights and do the necessary policing of your mark in order to ensure that you maintain whatever trademark rights you have, regardless of strength of that particular mark. Were here to field your questions and concerns. Arbitrary marks are real words that have nothing to do with the product or service. 6. For example, Apple is a very common word that has no value to any company that sells apples. For further information about the strength of trademarks, please feel free to contact us. This includes terms such as lip balm, ice cream, computer and hot dawgs (purposeful misspellings do not negate generic significance). Trademarks based on surnames often fall into this category like TIFFANY. Camel does not describe anything about cigarettes. An example of a suggestive mark is AIRBUS for airplanes or YETI for coolers. Suggestive trademarks are those that just hint to the features or functionalities of a product or service. It would be difficult for a competitor to prove that use of this seemingly random source indicator wasnt an attempt at infringement. An example of a suggestive trademark is Jaguar. ARBITRARY MARKS. The likelihood of arbitrary trademarks experiencing genericide is minimal. Put simply, if you are looking to have a particular kind of trademark, its better to have an inherently distinctive trademark because it gives you all the benefits that go along with those trademark rights. Arbitrary trademarks are terms that have a common meaning that is separate and apart from the terms connection to the goods and services they are associated with. Arbitrary marks are the next on the spectrum of trademark strength. Therefore, they are inherently distinctive. Examples of arbitrary marks are APPLE (for computers), DELPHITM (for computer software), and RADIUSTM (for a restaurant). Now, while some people tend to choose marks that give consumers a better idea of what theyre selling and shy away from arbitrary trademarks, its important to recognize the implication of doing so. The most famous example is APPLE, as in the computer, phone, and software companies. Similarly, Sunlight in connection with computer technology might be confusingly similar to Sun.. USPTO categorizes trademarks primarily based on the nature of the product relative to the mark under consideration. Arbitrary Marks. Our leading internet law firm has lawyers and law offices in the following locations. We serve the following localities: Los Angeles County, Long Beach, Los Angeles, Pasadena, Santa Monica, Beverly Hills, Burbank, Glendale, Malibu, Manhattan Beach, North Hollywood, Pacific Palisades, Redondo Beach, Whittier, Orange County, Laguna Niguel, Lake Forest, Anaheim, Costa Mesa, Huntington Beach, Irvine, Mission Viejo, Newport Beach, Santa Ana, San Diego County, Carlsbad, Encinitas, La Jolla, Oceanside, and San Diego. However, marks have to be compared in their entirety and in the context of the other factors. As to peanut butter, it is distinctive. use of a common word applied in an unfamiliar way. So, provided there are not similar uses in the marketplace, the name Jaguar can become a strong trademark for use in relation to the sale of automobiles. Common words that already exist can become strong trademarks when applied to a product or service that is completely unrelated to the word. A strong trademark fits into one of the following three categories for its distinctiveness. There are countless arbitrary trademark examples in current usage. Apple Computers is a classic example, as iPhones and laptops do not have anything to do with cider or fruit. Bret doesn't even notice Darla's . For assistance with any issue related to an arbitrary trademark, please contact us. Take, for example, the famous trademark APPLE. The excavations have provided examples of houses of every description, from the humble dwelling-place of the artisan or proletarian, with only three or four small rooms, to the stately mansions of Sallust, of the Faun, of the Golden Cupids, of the Silver Wedding, of the Vettii, of Pansa, 1 &c. - the last of which is among the most regular in . But regarding the Trademarks Office, "arbitrary marks" are seen as a positive. This wouldnt immediately indicate a characteristic of cars to a consumer, but with a little imagination, theyd realize the word and logo imply that the vehicle is sleek or fast. Genericide can occur to any brand identifier that becomes widely used to describe entire categories of products or services. Arbitrary trademarks are actual words that have no association with the underlying goods or services. Exxon, Xerox, Pepsi, Kodak and Clorox are all popular examples of fanciful trademarks. Nothing on this site should be taken as legal advice for any individual case or situation. While "apple" is a dictionary word, Apple the corporation is not in the business of selling apples, and neither are their competitors. Finally, a mark that is a made-up word is called fanciful or coined. This means they can only be listed on the secondary Supplemental Register. For example, Exxon for petroleum or Pepsi for soft drinks. Some of these words are newly created ("coined") or neologisms. They are different from descriptive marks, which describe some aspect of the products or services. They are highly distinctive, even if they are common words. Popular examples include Nike and Netflix. Give Your Company The Edge By Doing What Other Entrepreneurs Often Overlook. (15) And arbitrary blackness gallops in: (16) that any of a game's arbitrary rules. 'Anything in This World Is Attainable. Whether you are facing a trademark infringement, licensing, monitoring or trademark registration issue, we have a trademark attorney ready to answer your questions. Not knowing the difference could hurt you in the long run because the weaker the trademark, the less legal protection will be available to you and the more likely you are to run into infringement issues. Meaning, that it is a mark that's entitled to the protections that other inherently distinctive trademarks are entitled to. Phone: (858) 487-9300 Click to Contact us, Phone: (949) 474-9330 Click to Contact us, Phone: (310) 656-3900 Click to Contact us, 2018 Mandour & Associates, APC All Rights Reserved Aggressive Intellectual Property Litigators Trademark Attorneys Patent Lawyers Copyright Attorneys. Terms of Use, Disclaimer & Privacy Policy. These are often equated to adjectives. Suggestive marks RCA for televisions and other electronics. So, what exactly is a strong trademark? For more information about registering a trademark with the USPTO, please see our trademark registration page. Such a trademark would merely identify describe some of the products being sold. What is an arbitrary trademark? This is because consumers wouldnt typically associate a category of products or services to the identifier. Which of the following shows the correct answer for examples of arbitrary trademarks? Eth321t week 4 apply assignment score 95 percent (2020) For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties. E.g. Camel is an everyday term or word referring to a particular animal, but it has no relation to or significance to cigarettes. If you continue to use a mark after receiving a cease and desist letter explaining how your mark is infringing the earlier arbitrary mark, the court is more likely to find that you intended to cause consumer confusion. Common words that already exist can become strong trademarks when applied to a product or service that is completely unrelated to the word. However, in the event that they have not selected an arbitrary trademark or are already using a mark that wouldnt qualify as an arbitrary trademark, there are still things that can be done to, Conducting a Trademark Availability Search, Protecting Your Trademark from Infringement, Trademark Infringement, Milwaukee, Wisconsin, Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan, Indianapolis, IndianaBoard Meeting (Hartford, Connecticut). These are the strongest trademarks there are. Each of the following are directly contrasted with arbitrary trademarks. Some examples of this: Apple, Amazon, Dove are successful companies that are currently in the arbitrary mark category. (14) these arbitrary ceilings of height. So, once again, this has been Brian Hall answering your question: What is an arbitrary trademark?. Arbitrary trademarks are also distinctive. They are considered strong trademarks because they are inherently distinctive. There, when you are determining what kind of trademark to choose for your goods or what kind of service mark to choose for your services, its important to know the various levels of strength that are attributed to kinds of marks. Arbitrary Trademarks. Ex: Apple. (12) That was a very arbitrary decision. Arbitrary marks. Consider real-world perception. Some examples include KIWI for shoe polish, CAMEL for cigarettes, and AMAZON for an online retail store. Based on the scenario, what is the classification of the tenancy? For example, the logos "Apple" for personal computers, "Sun" in connection with computer technology, or "Camel" in connection with cigarettes are arbitrary marks. Reference "Domino's" - for pizza. Anything that describes a characteristic of a product or service is considered a descriptive trademark. Ex: BATA. However, infringement cases often go to trial because the situation is more ambiguous. As a trademark, APPLE would be merely descriptive if used with products sold by an orchard or fruit farm. Proctor & Gamble is an excellent example of a trade name holding many trademarks such as Oral-B. Arbitrary Marks - Arbitrary marks are words that appear in the dictionary but are arbitrarily used in connection with the product, with no independent meaning or association with respect to the product. Generic - unregisterable Descriptive - unregisterable unless showing of secondary meaning . The high level of inherent distinctiveness that accompanies these terms and designs is advantageous, but this isnt the only benefit of arbitrary trademarks. Legal Definition list Arbitrary And Capricious Arbitrament and Award Arbitrament Arbitral Tribunal Arbitral Immunity "Apple" is a common word, but it is completely random to use that name in connection with a computer company. Arbitrary trademarks that are slightly altered and are similar often create a likelihood of confusion to the consumer than two well defined words that are similar in spelling and sound. For example, if you are a business owner using the term Sunlight for automobile technology, not computer technology, an ordinary consumer might be less likely to be confuse your use of Sunlight with Sun, the computer technology company. Look through examples of arbitrary trademark translation in sentences, listen to pronunciation and learn grammar. Arbitrary Trademark: An arbitrary trademark has a common meaning, but the meaning is unrelated to the goods or services offered for sale under the mark. Consumers have to identify the brand and then link it directly to the products/services theyre providing. The strength of a trademark exists on a spectrum. Apple (technology company) Camel (tobacco products). This occurred with escalators, yo-yos, trampolines, and aspirin. An arbitrary trademark is usually a common word which is used in a meaningless context (e.g. Example: "Amazon" a rainforest, but term trademarked for amazon marketplace. There is a particular brand called Camel. Basically, the more unique the term is the less likely it will be in use by another company. Its difficult to defend against claims of infringement if violations end up before a judge. What is an example of an arbitrary trademark? Arbitrary trademarks don't have to suffer from being too "generic", meaning it is not likely to be used as often. If you have sufficient resources, you may want to conduct a consumer survey to determine whether there is any actual consumer confusion. If you want to display your logo or brand name on the front of a garment, place small image of the trademark on the breast or breast pocket.to. Any verbiage or design that describes a category or type of product/service is a generic trademark. Think of the term "apple." If an apple orchard tried to register the word "apple" as a trademark for the type of apples they grow, that trademark wouldn't be registerable. Arbitrary or Fanciful - Afforded the most protection, a fanciful trademark is one in which the owner has created for the sole purpose of marketing their product or service under a trademark. A perfect example is Apple's trademark, which is considered arbitrary and fanciful due to the context (electronics and software) it is used in. 7. This is why the trademark is immediately identifiable when used in the appropriate context. Unlike fanciful marks, an arbitrary mark is a real word, but the word is used such that there is no connection to the meaning. What is an Arbitrary Trademark? Their fanciful counterparts are typically considered to be the only brand identifier that provides a higher level of legal protection against infringement. Arbitrary trademarks are inherently strong, providing the owner a great deal of protection against competitors. Like fanciful marks, arbitrary marks are those trademarks or service marks that consist of a word or symbol that has nothing to do with the products or services being offered. The classic example is "Kodak," which is not a word that existed until the company came up with it. An arbitrary trademark is an inherently distinctive trademark. The best marks from a trademark perspective are arbitrary marks. While developing secondary meaning isnt required for arbitrary terms to be registered, doing so is simple since they identify a product or service thats completely unrelated to the representation of the brand. Infringement requires that a likelihood of confusion exist among consumers. However, protection for an arbitrary mark only exists if the arbitrary mark is not confusingly similar to an earlier mark. An arbitrary trademark is one where the words/phrase have no normal relationship to the product or service. Here's how you can launch a profitable dropshipping side hustle. words invented solely for their use as trademarks. Arbitrary marks; Arbitrary marks are real words with a meaning that isn't associated with the product sold. The general public is unlikely to ever confuse, for instance, Delta Airlines and Delta Faucets. Which of the following shows the correct answer for examples of arbitrary trademarks? Target, a retail store: Example; Band-aid, a bandage manufacture: Non-Example Target, a retail store: Example; Band-aid, a bandage manufacture: Example Target, a retail store: Non-Example; Band-aid, a bandage manufacture: Non-Example For instance, the words MUSTANG and JAGUAR have become trademarks for certain automobiles. Examples include Level Blends and ROAM. House Mark Similar to the trade name, a house mark identifies the manufacturing company or corporation. EXXON is an example of a fanciful trademark because it was created solely to function as a trademark and has no meaning. Arbitrary Trademarks. Here are a few things to consider when choosing an arbitrary trademark: Of these issues, the biggest concern is that another brand may already be using the arbitrary trademark. If you receive a cease and desist letter from a competitor, alleging trademark infringement or dilution of an arbitrary mark, you may be concerned about the likelihood of your competitors success at trial. An arbitrary mark is an existing word that has come to indentify the company or product. The following are examples of famous arbitrary trademarks: Amazon (online marketplace). That is, the meaning of the word has nothing to do with the good or service used with the trademark. However, it can be registered as a trademark in association with the computer sector. While choosing an arbitrary name may make marketing more difficult, they make for very strong trademarks with a broad scope of protection. Trademarks that are unrelated to their industry are considered arbitrary. Suggestive trademarks are usually easier to register than descriptive marks because it's less likely that other traders will think of that word and want to use it in relation to similar goods and services. The legal battles between the two Apples went on for over 25 years. An arbitrary mark consists of a word that has a common meaning to it in English language. All these terms have a specific meaning outside of their brands. Several of these alternatives have their own distinct benefits, so if you havent yet chosen a brand identifier, it may be prudent to consider your particular business needs. Would you like to do a search? From a trademark law perspective, merely describing your goods or services with a descriptive mark or even a generic mark, will not provide you any trademark rights. The brand Apple, for instance, has nothing to do with fruits. Fanciful identifiers are at one end while their generic counterparts offer no protection at all. The types of trademarks are as follows: Fanciful Mark - Any trademark which has a coined word/term is termed a fanciful mark and is generally the most easily registrable mark. You do not want to have a generic or merely descriptive mark. Therefore, Apple is a very unique use of the word in relation to computers and can become a very strong trademark. Examples of originally valid trademarks that have become generic in many jurisdictions - where they are no longer . By contrast, APPLE as a trademark associated with computers, phones and devices is fanciful and arbitrary. How HoneyLuv went from the military to a sought-after remixer. Fanciful trademarks are the only category that accomplishes this more effectively than an arbitrary trademark. The characteristic that gives arbitrary trademarks their strength is their level of inherent distinctiveness. Fanciful trademarks, on the other hand, essentially start from scratch. You must consider not just the marketing impact of the name but also the potential legal impact. The best trademarks are arbitrary or capricious, meaning there is no connection between the word and any feature of the product or service. An apple is a type of fruit, and it couldn't be used as a trademark in the agricultural sector. Before spending time and money to promote a new product or service, it is important to distinguish between a weak trademark and a strong trademark. '. This Ex-Navy Drone Operator Is Now Working with Lizzo. Most cases that review whether a particular mark is strong or not, will deem that arbitrary trademarks are of the strongest kind available. High Level of Legal Protection. Descriptive, merely descriptive, and generic words are weak or unprotectable types of trademarks. You can pick an arbitrary mark by using a word found in the dictionary, but juxtaposing it with products or services to which the word has no connection. Arbitrary or Fanciful. If the connection between a brand and its product/service is recognizable immediately, it likely doesnt fall under the suggestive umbrella. For example, Apple Core for computers would be confusing in connection with Apple computers. They are different from descriptive marks, which describe some aspect of the products or services. The logos APPLE for computers, LOTUS for software, and SUN for computers are examples of arbitrary trademarks. Describe your brand not your product (e.g. Shell gas stations and Camel cigarettes are other good examples. This means two brand identifiers would usually need to be used within the same industry for issues to arise. These are potentially the strongest trademarks because they are inherently distinct and therefore easier to protect under trademark law. Intellectual property experts share everything a business owner should know about arbitrary trademark application. Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type. Courts have previously found infringement of the Coca Cola mark because Coca Colas mark has been licensed for clothes, glassware, and other non-food objects. DefamationBusiness LawEmployment LawCopyrightTrademarkPatentInternet LawReal EstateCorporate and SecuritiesPersonal InjuryOther. Arbitrary trademark examples include Apple for computers, or Nike for shoes. traverselegal - January 12, 2012 - Trademark Basics, Trademark Law. An arbitrary trademark is a word that has no relation to the goods or services at issue. In a federal infringement case, the senior user of an arbitrary mark will need to prove likelihood of confusion. Darla moves into one of Bret's spare rental units while Bret is away on vacation. Although arbitrary trademarks dont sit at the top of this spectrum, they can still play a significant role in stopping others from infringing upon your brand and reputation. Examples of Fanciful Marks (coined terms that had no meaning before trademark use) VERIZON (cell phone) Design marks can also serve as good examples of an arbitrary mark, such as the Nike swoosh. Suggestive Trademarks. Arbitrary trademarks differ in the fact that theyre only unique in the context of their usage. It's a clever tool to create catchy trademarks that people will feel identified with while avoiding being classified as generic or descriptive. The strongest trademarks are arbitrary and fanciful. Put another way, gives that trademark owner an ability to go after and stop those that are infringing his or her particular trademark. This is whats necessary to be considered an arbitrary trademark. Arbitrary and fanciful trademarks are at one end of the spectrum. The use of this word as a TM is allowed because this common meaning is completely unrelated to the good or service that it's attached to. These are words, phrases and designs that currently do not exist anywhere. Arbitrary trademarks that are slightly altered and are similar often create a likelihood of confusion to the consumer than two well defined words that are similar in spelling and sound. So, as opposed to descriptive trademark, which isnt entitled to the exclusive right to use a particular mark in connection with goods or services. Arbitrary marks are trademarks that consist of words that have a real meaning in a given language. However, the difference is that House Marks are placed alongside the specific product names to identify it as belonging to the company. For example, the logos Apple for personal computers, Sun in connection with computer technology, or Camel in connection with cigarettes . Instead, you want the various kinds of inherently distinctive trademarks, which are suggestive, arbitrary like were talking about now- and fanciful trademarks. Unlike arbitrary trademarks, descriptive terms and designs are not inherently distinctive. An example of an arbitrary mark is Peter Pan for peanut butter. All Rights Reserved. Arbitrary trademarks and Fanciful trademarks are the strongest For these same reasons, arbitrary marks and fanciful trademarks make the strongest trademarks. A step below arbitrary and fanciful, suggestive trademarks are designed to stimulate the imagination of the consumer and assign a particular characteristic to the product. China has been a member of the WTO since 11 December 2001. For example, Kodak, Pepsi, Exxon and Polaroid are completely made up words with no other meaning outside the name of the companies that created them. (13) There's not an arbitrary threshold. While there was no direct competition between the two companies, the potential for trademark dilution through blurring existed. There's one frequently underutilized resource many entrepreneurs overlook that could give their company a competitive edge. These strong marks are composed of a common word that is unrelated to the good or service for which the trademark is used. Consumer identification is one advantage arbitrary trademarks hold even over fanciful identifiers. Arbitrary trademarks or service marks are ones that consist of a term or symbol that has nothing to do with the products or services being supplied. These descriptors cannot be registered with the USPTO for protection. Not all trademarks that are generic started out that way. Austin, Texas Office 600 Congress Ave, 14th Floor Austin TX 78701 (866) 936-7447, Detroit, Michigan Office 1001 Woodward Ave, Suite 500 Detroit MI 48226 (866) 936-7447, Los Angeles, California Office 301 E. Colorado Blvd, Pasadena, CA 91101 (213) 531-0029, Traverse City, Michigan Office 810 Cottageview Drive, G20, Traverse City, MI 49684 (231) 932-0411. This field is for validation purposes and should be left unchanged. An arbitrary trademark is an inherently distinctive trademark. However, naming a computer company Apple is arbitrary because it does not describe a characteristic or quality of the products or services. (18) But these are not arbitrary limits. of Arbitrary Marks Apple Coach Camel Dove If I can register my trademark on my own, why to hire a trademark attorney? If you are a company able to pay a reasonable legal fee each month, please contact us today. The former reference to "Dell" is to a federal trademark . When Apple Computer became a household name, though, the brand was sued by Apple Records. Even better, the strongest possible trademark is a word that does not even currently exist which was the case with Exxon and Kodak. These trademarks have a high level of legal protection. An arbitrary trademark is one with common meaning, but the meaning doesn't relate to the goods or services . For example: This Dell computer was made by Dell Inc. Trademarks Copyrights Blockchains Strength of Trademarks Need more Guidance? 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