Question

Billy opens a bicycle shop that sells an innovative new kind of bicycle. He decides to call the bicycles Bicycles. Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles. The term Bicycle is

A. automatically protected against trademark infringement.
B. receives no protection against trademark infringement.
C. can be registered as a trademark to obtain protection against trademark infringement.
D. can be registered as a certification mark

Answer 1

Option B is correct because the first thing is we can not register it as trademark because the requirement to register trademark is:

• It must be in use And

• Must be distinctive.

In this case the word bicycle is not distinctive. The word distinctive in law means that the item must be different from something else either in nature or type.

Option A is incorrect as the word bicycle is not distinctive, so it can not be registered. And if it can not be registered then it can not be protected against trademark infringement.

Option C is also incorrect as this word does not meets the requirements of trademark registration.

Option D is also incorrect because certification mark are logos of products to make the quality or nature of product clear.