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Transcripts For CSPAN2 Supreme Court Oral Argument In Patent Trademark Office V. Booking.com 20240713

Mr. Chief justice, and may i please the court, it is a fundamental principle of the trademark law no party can make a trademark for a generic term. As explained a generic term is never entitled to trademark protection no matter how much money and effort the user has poured into the merchandise and in securing public identification. In other words, second remaining as required for distinctiveness is simply irrelevant to the generic term. That principle here is undisputed that its generic for the Reservation Service is responding. They couldnt really register the name or the addition of an entity designation to an unprotected term doesnt create a protectable mark. Thats because the terms implicates those in the association oassociation or paro deal with the relevant goods. A doctor from obtaining a trademark enterprise and shorter party can monopolize a generic term. The result should apply to booking. Com. It is the online equivalent of company and can use only the services of a commerc

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