Distinctiveness Acquired Through Use
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Trade marks that are not inherently distinctive or that are descriptive or generic may nevertheless be registered if they have, as a result of the use that has been made of them, acquired distinctiveness, or what is called in US American trade mark law, ‘secondary meaning’. The legal basis for this basis for registration is found in Article 3(3) of the Directive and in Article 7(3) CTMR.
2006 ◽
Vol 37
(4)
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pp. 583
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2020 ◽
Vol 10
(1)
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pp. 87-114
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2019 ◽
pp. 489-514
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2021 ◽
Vol 52
(8)
◽
pp. 1069-1085
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