Re: What can be trademarked?

Subject: Re: Re: What can be trademarked?

Comments:
: : It's my understanding that generic names for generic purposes cannot be trademarked. I'm very unclear about this. : : For example, I'm a Meteorologist, therefore, I study weather...can Meteorologist be trademarked? And if so, can it be overturned? : : How does 'fair use' laws play an effect on this, if at all? In Canada, they have a 'first use' law...does the United States have a similar law? : : One last thing...how does one overturn a trademark? Is it possible to get a petition going? : Dear Mike, : That is correct. If you could register generic names you could have an unfair monopoly. Fair Use is a copyright theory. : Trademarks of others ac be referred to but cannot be used to be confused with the goods or services of others. : For good reasons registered trademarks can be canceled. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : America On line Instant Messenger screen name artauslander : ELAINE'S Workshop(sm) : E arly L egal A dvice I s N ot E xpensive(sm)

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