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Articles Posted in Proving Acquired Distinctiveness And Secondary Meaning

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A High Level Of Proof Is Required To Demonstrate Acquired Distinctiveness

A recent decision from the U.S. Court of Appeals from the Federal Circuit (“CAFC”) reminds trademark owners that adopting marks that are merely descriptive may require a high level of proof to register on the Principal Register. See In re JC Hospitality LLC, Appeal Nos, 2018-2048 and 2018-2049 (Fed. Cir.…

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