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   Trademark of common name or description
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   Author  Topic: Trademark of common name or description  (Read 1275 times)
wheninrome1313
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Trademark of common name or description
« on: Dec 23rd, 2007, 9:40pm »
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How is someone able to Trademark a common name or description and when they do, how can you use it to describe your product without violating the law?  
 
A company put a TM on the phrase "Love Potion" and any variations of the phrase for their perfume.  The issue I have with that is, that is something that goes way back in history and even certain religions.  It is a common term that without being able to use it, I can't describe something without people knowing what it is.  I have an oil that I sell that has a different name but when I describe it to people I can't use any variation of the term love potion which is what it is, without a TM violation?? I don't understand how that they were able to get a TM on such a common name and complain about anyone who even uses it in a description even if it has nothing to do with what they ar selling.  I thought that I was ok as long as it is clear I am not using the term to keyword spam, that using it would confuse people or alude to the fact that I have something to do with their company or, that I am selling a knock off or trying to use the term to sell my product that is similar to theirs.  It is a litte like someone TM a car called Broad Sword, and then suing anyone who is selling broad swords for using the term.  Or if someone TMs the term plastic bottle, and I can't use any variation of that term to describe the packaging of my product.  Is there something that allows me to use this phrase to describe my item without violation? They have already complained to ebay and had my listings taken down for using a variation (potion of love) in my description.  Thanks!
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