Trademark Eligibility Explained

Summary

Trademark eligibility requires distinctiveness and non-confusion with existing marks. Descriptive terms can be trademarked if they gain distinctiveness through use. WIPO guidelines emphasize these principles. Big Brown Eggs is a valid trademark as it can be distinctive and descriptive. Other options may cause confusion or be misleading.

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Why not option a
The issue with option A is that using a tiger design for a car maker's trademark may cause confusion with existing trademarks or logos, especially if they are already in use by other brands or businesses. Trademark law is designed to prevent such confusion and protect the identity of established brands.
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What's WIPO stance regarding that question
The World Intellectual Property Organization (WIPO) provides the following general guidelines regarding trademarks:
- Trademarks must be distinctive and not misleading.
- They must not cause confusion with existing trademarks.
- Descriptive terms are usually not eligible for trademark registration unless they acquire distinctiveness through use.
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So following WIPO's stance, what is the answer to that question
Based on WIPO's guidelines, the correct answer is:
A farmer who produces eggs can obtain a trademark under the name "Big Brown Eggs" [c].
This is because "Big Brown Eggs" can be distinctive and descriptive, potentially acquiring distinctiveness through use. Other options either cause confusion or are misleading.