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Why was the store Toys "R" Us able to gain trademark protection for its name, even though "toys" is a generic word used by thousands of toy stores nationwide?

a) Unique spelling
b) Acquired distinctiveness
c) Legal loopholes
d) Industry dominance

User Onuralp
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Final answer:

Toys "R" Us was able to gain trademark protection due to the unique spelling of its name and the acquired distinctiveness that the brand developed over time. This distinctiveness means consumers associate the name with the specific store rather than the generic product category of toys.

Step-by-step explanation:

Why was the store Toys "R" Us able to gain trademark protection for its name, even though "toys" is a generic word used by thousands of toy stores nationwide? The store was able to gain trademark protection because it used a unique spelling in its brand name. Additionally, trademarks are granted on the form and style of the branding, rather than the actual generic name of the product they sell. This is exemplified by how Fanta owns the trademark on their particular orange drink despite many companies making similar products.

Toys "R" Us combined a generic word with a creative presentation, forming a distinctive identity that consumers could easily recognize. Over time, the brand gained acquired distinctiveness, which is essential for a trademark, as it indicates that the public associates the name with a particular source of goods, rather than the goods themselves.

As trademarks are crucial in protecting a company's brand identity, they are highly valued. Trademarks, once registered, can be renewed indefinitely if they remain in active use, which allows companies to maintain the exclusive use of their unique identifiers in the market.

User Nadirah
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