Re: Re: Fair use question.

Subject: Re: Re: Re: Fair use question.

Comments:
: : 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, : : : Jess : Dear Mr. Erwin, : The USPTO is not beyond making mistakes. Fortunately they can be corrected. : 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 : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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