Customary Signs or Indications

Customary signs or indications refer to signs, symbols, or marks that have become customary in the current language or in the established practices of the trade. These signs or indications are often used to describe the characteristics or qualities of goods or services and are therefore considered to lack distinctiveness.

Examples of customary signs or indications include words like "deluxe", "premium", or "value" that are commonly used in the trade to describe the quality or value of a particular product. These words are considered customary because they are widely used in the industry and are not associated with any particular trademark owner.

Customary signs or indications are generally not registrable as trademarks because they are not capable of distinguishing the goods or services of one party from those of another party. However, in some cases, a customary sign or indication may acquire distinctiveness through extensive and continuous use, and may become eligible for registration as a trademark.

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