Trademarks answer ‘Who am I?’ not ‘What am I’
Friday, July 30, 2010
More Sections
Clint Fabiosa & Ana Liza Villamor
I.Protect
STRONG marks are those which the buying public is able to recognize immediately as the identifying marks of the products or services originating from a particular source or manufacturer. They are popular and they are distinct.
Conversely, weak marks are those that the public is unaware of or can hardly recognize as differentiating identifiers
Aamong products or services originating from various sources.
They are either unknown or not unique. Strong marks are afforded the full protection of the law and their owners can exclude others from using identical or similar marks because of the goodwill and reputation enjoyed by the owner derived from the use of the marks.
On the other hand, weak marks are afforded little or no protection at all under the law because there is hardly any goodwill generated from the use of a generic or descriptive name.
(clint.fabiosa@iprotect.ph / analiza.villamor@iprotect.ph)
