A brief, but related, digression. We all know that if you see a product advertised frequently enough, product will sell. You might even be one of people who buys product. The thinking process by which you reached decision to buy product is not an intellectual, logical process. It’s a function of way human mind works. Continually hearing a repeated message makes message more familiar, more real, and, eventually, more true. As adage says, “even boldest lie becomes truth if you scream it loud enough and long enough.” I call this “Lie = Truth” Adage. Sadly, I frequently encounter “Lie = Truth” Adage in litigation. I also know of some politicians and terrorist masterminds who are experts at exploiting this fact of human nature.

Back to trademarks. The advertising departments at most companies know “Lie = Truth” Adage can be very successful in advertising. The cynic would pump his fist in air yell “Down with corporations, and power to people! All corporations care about is taking our money at all costs!” While we can point to some recent examples that might make it challenging to argue against this viewpoint, as to overwhelming, vast majority of companies, that view simply cannot be supported.