Blurring of a trademark brand and how it weakens the brand - with examples

"Blurring" refers to a situation where a trademark's distinctiveness and brand identity become diluted or blurred due to its unauthorized use on unrelated goods or services. This can damage the trademark's selling power and ability to serve as a unique identifier. Here are some real-world examples of trademark blurring and its effects:

Can I trademark a name already in use but not trademarked?

Using a name in commerce can establish "common law" trademark rights, even if the mark has not been officially registered with a government agency like the United States Patent and Trademark Office (USPTO). These rights are generally limited to the geographic area where the mark is actually used. To find these you can search in Google, Google Maps and Amazon (and other platforms). Therefore, if someone is already using a name in business, they may have common law rights to the name in their local area or region.

How to Select a Strong Trademark - the Spectrum of Trademark Strength

In developing a list of potential trademarks, consider the relative strength of marks. A strong or distinctive mark (typically a coined word or an arbitrary trademark) is easier to  protect from use by others than more descriptive—and, therefore, weaker—marks. The following is the spectrum of distinctiveness of a brand, from a trademarking point of view: