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Can you trademark a phrase or common word? Chances are, we’re all familiar with at least one generic word that is registered as a trademark. You may even be using one of their devices to read this. Apple. One example that I like to give to clients is that of Apple Inc., the famous computer and software manufacturer. The word “apple” is a ...

Generic trademarks describe a product, so no one can register them as trademarks. These marks don't qualify for any protection. Why Generic Terms Can't Be Trademarks. Generic terms such as "computer" cannot be registered as trademarks because anyone has the right to use generic words to describe the products they are selling. Giving trademark ...

However, not all names qualify for trademark protection. Generic terms—words that describe a general product or service—cannot be trademarked because they are essential for public use. Businesses that attempt to register a generic name often face rejection from the United States Patent and Trademark Office (USPTO). ... Businesses can take a ...

Quick Summary. Quick Answer: A trademark disclaimer is a statement in a trademark application that acknowledges that certain words or phrases within the mark cannot be exclusively owned. Quick Overview: Businesses often seek trademarks to protect their brand identity, but some words are too generic or descriptive to be monopolized. Trademark disclaimers ensure that while a brand may have ...

Distinctiveness determines a word’s eligibility for trademark protection. Under the Lanham Act, words fall into categories: generic, descriptive, suggestive, or arbitrary/fanciful. Generic terms, like “apple” for the fruit, cannot be trademarked. Descriptive terms, such as “Sharp” for televisions, require secondary meaning to qualify.

Generic Words . Trademark holders are beginning to claim protection of the words which form part of their marks. For instance, BigBasket has recently sent a cease and desist letter [8] ...

Generic Terms: Generic words like “Bread” for a bakery can’t be trademarked as they lack uniqueness and only describe the product. Descriptive Terms : Descriptive names, such as “Tasty Treats” for a bakery, generally don’t qualify unless they gain distinctiveness through long-term use.

When a trademark becomes generic, it can no longer be exclusively owned by the company that originally registered it. This is because the public has come to think of the word or phrase as simply describing the type of product rather than identifying a specific brand. As a result, genericide can have serious consequences for companies who lose ...

Terms such as "computer" or "ice cream" are considered generic and cannot be trademarked. This limitation hinders businesses from claiming exclusive rights, leading to challenges in brand differentiation. As a result, companies must adopt innovative branding strategies to maintain distinctiveness. Understanding the implications of generic terms ...

But this ruling flips the script, allowing businesses to trademark domain names that include generic words. This opens up exciting opportunities for brands to stand out and safeguard their online identity. Why Trademarking Your Domain Name Is Crucial. If your domain name includes generic terms, securing a trademark is more important than ever.

Many people seem to think that they can get “first dibs” on a common word or phrase by filing a trademark – and then sell the mark for a lot of money. ... However, using “Apple” for apple juice is just a generic term. You’re describing the thing with the name of the thing. Many other companies, by the way, also use the trademark ...

Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.

This case clearly illustrates how generic words can evolve into trademarks. Also, when a generic term bears no relation to the relevant goods or services, it can still gain trademark protection. This provision allows generic terms to earn safeguarding through prolonged use, acquiring distinctiveness over time. ...

The Lanham Act (federal trademark law) does not allow generic terms to be registered as trademarks, but it does allow protection for words that are considered merely “descriptive.” Unfortunately, it’s difficult to tell where the line is. Can you take a generic word and create a protectable trademark by adding “company” or “Inc.” after it?

Trademarks can range from basic words, names, or phrases to more abstract ‘signs’ like forms, visuals, sounds, packaging features, colors, or even fragrances. ... Generic Trademarks. If your trademark is entirely made up of generic terms, it will very certainly be refused. These are phrases or symbols that tell the public what kind of goods ...

The terms “generic” and “trademark” are mutually exclusive. If a term is generic, it can never function as a mark to identify and distinguish the products of only one seller. As the Seventh Circuit noted, “[a] generic term is one that is commonly used as the name of a kind of goods. …unlike a trademark, which identifies the source ...

So for anyone hoping to appropriate a generic term as its trademark or service mark by adding dot-com (or other relatively indistinct supplementary words), it’s back to the drawing board to find a mark distinctive enough to identify a viable business. For more information on trademark issues, please contact the author Howard G. Zaharoff.

Secondary meaning shows how geographical words can become more than just regular words and represent a specific place or thing. For instance, INDIAN TRADEMARK CASES: INSIGHTS INTO GEOGRAPHICAL TRADEMARKS ... the question of whether generic terms can be trademarked is met with an affirmative answer, albeit within the framework of the conditions ...

Nov 12 2020; Generally, when we think of what is trademark-able, we think of specific terms that can be protected rather than broad or generic ones.However, as evidenced in a case involving Booking.com, this isn’t always true.In fact, according to the Booking.com case, the Supreme Court found that a combination of two undisputed generic terms could be held as protectable via trademark.