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Re: Fair use question.[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Stephen T. Erwin on July 16, 2002 at 02:25:29: In Reply to: Fair use question. posted by Jess Ruffner-Booth on July 16, 2002 at 01:27:05: Jess: Under United States Trademark Law, one can not trademark a generic term. One can only trademark a merely descriptive term after a period of time and only under certain circumstances. However, a term that may be generic in one context may not be generic in another. For example, "Bike" is generic for bicycles, but not for football helmets. Since the term received a registration, the USPTO must have deemed the term not to be generic under the specific facts, or the term was descriptive, but acquired secondary meaning. : Thanks,
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