Can a generic name be registered as a trademark [Expert-Advice]

Last updated : Aug 1, 2022
Written by : Mammie Dedek
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Can a generic name be registered as a trademark

Can you trademark a general word?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

What happens if your trademark becomes generic?

Genericide – What happens once a trademark becomes generic? Unfortunately for the trademark owner, once a trademark becomes generic it loses its trademark protection and it becomes available to the public.

What is an example of a generic trademark?

Google, Taser, and Xerox are all examples of brand names that have become generic words for a type of product. The process is known as genericization, and in some cases, it can result in companies losing their trademark.

What names Cannot be trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

Is Nike Just Do It trademarked?

Just Do It or JDI for short (stylized as JUST DO IT. and set in Futura Bold Condensed) is a trademark of shoe company Nike, and it is one of the core components of Nike's brand. The slogan was coined in 1988 at an advertising agency meeting.

Can you trademark a common noun?

So to reiterate, yes, nouns can be trademarked…

What's it called when a brand name becomes generic?

When you use a brand name as a generic term, you're using a proprietary eponym, or, more simply, a generic trademark. You're probably familiar with this phenomenon, but there are more examples of it than you might realize. You may be aware of Kleenex, Velcro and ChapStick, but what about escalator?

What is the difference between a trade name vs a trademark?

trademark. A trade name is the name of your business. A trade name can be registered under the Trademarks Act only if it is also used as a trademark; that is, if it is used to identify goods or services. For example, let us suppose that you own an ice cream business and that your company is called "A.B.C.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How are generic brands legal?

Generic drugs are approved only after a rigorous review by FDA and after a set period of time that the brand product has been on the market exclusively. This is because new drugs, like other new products, are usually protected by patents that prohibit others from making and selling copies of the same drug.

Which of the following trademarks are not legally determined as generic?

Trademark Trivia: Which of the following trademarks has NOT become (legally) generic? Answer: a. Velcro ! Velcro is still a federally registered trademark whereas escalator, yo-yo, and thermos have all lost their trademark status due to genericide.

What is not protected by trademark?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

What qualifies for a trademark?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

Are generic marks prohibited?

United States trademark law prevents trademark protection of generic terms because providing a generic term with trademark protection would be like granting a monopoly in the product. How is a generic mark different from a descriptive mark?

Can I put a Nike logo on a shirt and sell it?

If this is a personal and entirely non-commercial use, then it's just fine. It is not even trademark use in this case. But if you are selling the same, it becomes infringement. many people mark their sports team shirts and jerseys for example.

What is McDonald's trademark?

The word “McDonald's” is a trademark. We call this a standard character text trademark and it would be on its own USPTO trademark application if you wanted a federal registration for it. The Golden Arches is a logo, but this too is serving as a trademark. We refer to this as an image or stylized trademark.

What is Coke trademark?

The Coca-Cola Corp owns the trademark to the name Coca-Cola, as well as the trademark on the bottle shape, and the graphic representation of their name. These are all things that help distinguish them from other cola brands and define their individual product.

How much does it cost to trademark a word?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

What happens if you use a trademarked word?

The law allows you to use a trademark without getting the owner's permission for: Informational use: You use it to editorialize or educate about a specific product or service. Comparison use: You use it as part of an accurate comparison between products or services.

Can you trademark two words together?

No, unless you are using both variations of the mark in trade. A trademark covers not only the specific mark which is used in trade and commerce, but also marks which are confusingly similar to the used mark.

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Can a generic name be registered as a trademark

Comment by Emory Katzner

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 attempted to get a registered trademark for its name 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 application for a registered trademark for its name is because it was determined by the USPTO the US Patent and Trademark Office that the name was generic and if you have a trademark application for a generic requested trademark it will be turned down the company argued that the name was descriptive and in particular the the issue kind of became whether the addition of 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 understands that the source of those services is that particular company 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

Comment by Hiram

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 or whatsapp as at 986 96235

Thanks Hiram your participation is very much appreciated
- Mammie Dedek

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