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-For example like “ Coca-Cola or Pepsi in the soft drinks market ” And “Nike and

Adidas in the sports activewear market”.

-A specific example of a trademark is the Apple logo.

Legal Standard - Distinctiveness, and/or secondary meaning.


EXAMPLE: Distinctiveness:
Example: The "Apple" trademark for computers and mobile phones.
"Apple" is a common word, but when used for technology products, it has high
distinctiveness because consumers do not naturally associate the word with technology
products. This is an example of an arbitrary trademark, as it neither describes nor
suggests the type of product it represents. The more unique and unrelated a trademark is
to the product or service, the higher its distinctiveness.
In Vietnam, a typical example of secondary meaning could be the "Vinamilk" brand.

Initially, "Vinamilk" might simply have been understood as a combination of "Vina"


(suggesting Vietnam) and "milk." The name could have been seen as a generic
description of milk from Vietnam, lacking high distinctiveness at first. However, after
years of brand-building and strong promotion, Vietnamese consumers began to
recognize "Vinamilk" not just as a descriptive term but as a brand associated with
quality dairy products from a specific company. Through prolonged use and brand
recognition, Vinamilk has developed a secondary meaning and become a well-known
trademark.

How It's Acquired - Registration and "use in commerce" for Federal protection.
EXAMPLE:
Source of the Law - U.S.C. and state laws.
EXAMPLE:
Length of Term - Perpetual; subject to abandonment, genericide.
EXAMPLE: Brand: "Honda Motorbikes"

Perpetual: Honda has registered the trademark "Honda" for motorcycles and cars in
Vietnam. This trademark can be renewed indefinitely if Honda continues to use and
protect its ownership rights over the brand.
Abandonment: If Honda ceases the production or sale of motorcycles and cars in
Vietnam for an extended period without a valid reason, the "Honda" trademark could be
considered abandoned, leading to the loss of protection.
Genericide: In Vietnam, many people use the term "Honda" to refer to all types of
motorbikes, even those not manufactured by Honda. This is an example of generic use.
However, the "Honda" trademark is still strongly protected by Honda Vietnam.
Nonetheless, if this phenomenon is not controlled and becomes more widespread, the
"Honda" brand could become a generic term for this type of vehicle, risking the loss of
its exclusivity.

The customers
-can use brand names as simplifying heuristics for processing large amounts of
information
-give customers confidence in the purchasing situation
EXAMPLE: Apple - iPhone: Customers often choose the iPhone because the Apple
brand is renowned for its high quality, sleek design, and integrated ecosystem. This
helps customers feel confident in their purchasing decisions.

The firms
-benefit enormously from having strong brand names;
-often allows higher prices to be charged;
EXAMPLE: Starbucks has a strong brand name that allows them to price their products
higher than competitors. Customers are willing to pay more for Starbucks products due
to the brand's recognition and reputation, leading to higher profits.

- can be leveraged through brand extensions and increased distributions


EXAMPLE: Samsung has a strong brand name in the technology industry, allowing
them to develop and distribute a wide range of products from phones to household
appliances. Their high brand value supports sustainable growth in the global market.

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