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Merely Descriptive vs Suggestive — The Unwritten Rule of Trademark Law

On the whole, trademark law is incredibly comprehensive, but there’s one important rule that’s still unwritten — how to distinguish between ‘merely descriptive’ and ‘suggestive’ trademarks.The difference between these two types of trademark can be contentious. A merely descriptive mark is something that gives the [...]

Could ‘Fake News’ Become A Real Trademark?

We should all be familiar with the term ‘fake news’ by now. It first came to light towards the end of the 2016 United States election, when it emerged that fake news stories had been published and shared on social media networks in order [...]

The Slants – Offensive or Empowering?

In 1946, the US Patent and Trademark Office (USPTO) drafted something called the ‘disparagement clause’, which sought to prevent the filing of any trademark which could be deemed as “immoral, deceptive or scandalous”. In the past, this has usually been reserved for extreme cases [...]