Celesq® Programs

Analysis of Descriptive versus Generic Trademarks and Establishing Secondary Meaning /Acquired Distinctiveness in the EU, UK and the US

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The program will explore the distinctions between descriptive and generic marks in the United States, the United Kingdom and the European Union and the impact of the recent Booking.com case in the United States. The program will then discuss the requirements for protecting a descriptive trademark by establishing secondary meaning in the United States, the United Kingdom and the European Union. We will explore the types of evidence and relevant factors that will be considered in the United States when establishing secondary meaning. In Europe, the scope of usage required to acquire distinctiveness through secondary meaning in the United Kingdom will be explored and compared to that required in the European Union. The presentation will also discuss the impact of Brexit transition rules upon the acquisition of secondary meaning, particularly the relevance of use in the UK to the maintenance of trade mark rights in the EU, and vice versa.

Available in States

  • California
  • Georgia
  • New Jersey
  • New York
  • Texas Self Study

Program Categories

  • Administrative Law & Regulations
  • Contracts
  • Federal Courts
  • Financial Services
  • Intellectual Property Law
  • International Law
  • International Law & Global Trade
  • Trademark Law