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Written by : Mammie Dedek
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hi this is Dan Smith of DPS legal counsel and welcome to today's episode of business is more exciting than any game today I want to talk about trademarks and in particular I want to talk about a case that's going to be coming up this year in the US Supreme Court involving the well-known travel website booking.com booking.com attempted to get a registered trademark for its name booking.com but was turned down by the United States Patent and Trademark Office it appealed that decision to the trademark trial and appeal board it was again turned down by the trademark trial and appeal board the reason that the USPTO and the trademark trial and appeal board turned down booking.com application for a registered trademark for its name booking.com is because it was determined by the USPTO the US Patent and Trademark Office that the name booking.com was generic and if you have a trademark application for a generic requested trademark it will be turned down the company booking.com argued that the name was descriptive and in particular the the issue kind of became whether the addition of the.com to the name bookings may have changed a what would be a generic name booking which is generic to the suit to the to the service of doing hotel bookings the name booking just means bookings for hotels and so that does appear to be generic and that sense but the question was whether the addition of dot-com to booking changed that generic miss booking to something that is descriptive and in which someone who is who sees or goes to a site called booking.com understands that the source of those services is that particular company booking.com in other words can you can you change what would otherwise be a generic trademark to a non-generic trademark and thereby be allowed to get a registered trademark if you just add the additional language for your website dot-com so if you had for example a website or if you had a company called and I'm just throwing out an example don't know if this is even a company or not but if you had if you had any if you had a company called tables and if you had a if you've got a registered if you got a domain for that on the internet for tables dot-com could you get a registered trademark for tables com where you might not be able to and shouldn't be able to get a trademark from tables because it's generic so the question is whether you can just convert a generic trademark to a non-generic descriptive trademark by adding the dot-com to the name the US Supreme Court has agreed to hear that case and that case will be heard this coming year it's going to be very interesting it's going to be important for companies to know whether they can get a trademark for something that would otherwise be a generic trademark by simply getting the top-level domain for that name that generic name dot-com and being able then to apply for the trademark as whatever it is generic dot-com so we'll see we'll follow that but it's important for businesses who are looking to brand to know what the parameters are for getting a trademark for their company so I hope that helps if you have any questions please feel free to get in touch and we'll talk to you next time Thanks
Thanks for your comment Emory Katzner, have a nice day.
- Mammie Dedek, Staff Member
what can be registered as trademark if you're new to our lk channel please subscribe to us and don't forget to click on the bell icon to get the latest updates on new videos there are three types of trademarks to register they are name name is any set of words that create an identity it can be a business or a company name product name and abbreviates business or company name you can register your company or a business name as an intellectual property for example product name any particular product name can be registered as a trademark for example apple's ipod abbreviates any abbreviates used to represent your brand name product name or personal name for example bmw logo or device or symbol any visual representation pictorial depiction of your brand as a trademark a logo containing tagline color mark scent mark or sound mark can be wholly registered as a device trademark tagline any catchphrase slogan or a punchline assigned to your brand can be registered as a trademark for example our tagline your vision our goal nike tagline just do it there are other marks where you can register your trademark such as kalama scent mark and sound mark color mark is a trademark with a combination of colors representing your brand scent mark the brand must visually represent the products sent for it to be registered as trademark sound is any sound or music that can be registered as trademark proven its distinctively are you searching for trademark attorney for your trademark registration we at lk assist you in representing the identification of your brand please do connect with our team at reach rate lk.com or whatsapp as at 986 96235
Thanks Hiram your participation is very much appreciated
- Mammie Dedek
About the author
I've studied applied anthropology at North Dakota State University in Fargo and I am an expert in american history. I usually feel complacent. My previous job was resource recovery engineer I held this position for 16 years, I love talking about trapshooting and billiards. Huge fan of Katherine Johnson I practice boxing and collect pez.
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