Understanding Laudatory (Trademark): What It Means in Law

Q: What is the difference between laudatory and descriptive terms?

Laudatory terms express high quality, while descriptive terms simply describe characteristics.

Q: Are there any exceptions for trademarking laudatory terms?

In rare cases, if a laudatory term has acquired distinctiveness, it may be eligible for trademark protection.

Definition & Meaning

Laudatory refers to terms that attribute high quality or excellence to goods and services. Examples of laudatory terms include words like "best" and "original." These terms are generally seen as descriptive rather than distinctive. Because they merely describe the qualities of a product or service, they are often unable to acquire trademark protection. In essence, superlative terms are not granted trademark status due to their descriptive nature.

Table of content

Legal Use & context

In legal practice, the term "laudatory" is primarily used in the context of trademark law. It is important for businesses and individuals seeking to register a trademark to understand that laudatory terms may not qualify for protection. This is particularly relevant in civil law, where trademark disputes often arise. Users can manage their trademark applications using legal templates available through US Legal Forms, which are drafted by qualified attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

One example of a laudatory term is "best coffee." A company using this term for its coffee product may find it difficult to secure trademark protection, as the term merely describes the product's quality. Another example is "original recipe," which may also be deemed too descriptive to qualify for trademark status. (hypothetical example)

Comparison with related terms

Term	Description	Distinction
Descriptive	Terms that describe characteristics of goods or services.	All laudatory terms are descriptive, but not all descriptive terms are laudatory.
Generic	Common terms used to describe a category of goods or services.	Generic terms cannot be trademarked, while laudatory terms may be considered descriptive.

Common misunderstandings

What to do if this term applies to you

If you are considering a trademark application that includes laudatory terms, it is advisable to consult with a legal professional. They can help you determine whether your chosen terms are likely to be accepted. Additionally, users can explore US Legal Forms for ready-to-use legal templates that can assist in the trademark application process.

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Quick facts

Laudatory terms are typically not eligible for trademark protection.
Common examples include "best" and "original."
Descriptive terms require distinctiveness to be trademarked.

Key takeaways

Frequently asked questions

Can I trademark a laudatory term?

No, laudatory terms are generally considered too descriptive to be trademarked.