Re: descriptive names

Subject: Re: Re: descriptive names

Comments:
: Depending on the type of goods or service, a trademark can run the gamut from GENERIC, (merely descriptive), suggestive, fanciful, arbitrary or coined. : WAX ON/WAX OFF : for a car wax might be viewed as suggestive if not merely descriptive. : Even if you were lucky enough to register the mark, it would be difficult to enforce against potential competitors who might use the phrase in their instructions or promotional materials. : NAIL ONS might be viewed as suggestive for press-on nails, but if used by one paticular trader for more than 5 years, and/or extensively promoted it could acquire some distinctiveness or public recognition which might lead to trademark protection. : Consider: IBM trademark for International Business Machines. My Toshiba laptop manufactured in Taiwan has traveled me with on business to Korea, Hong Kong and back to the US. I suppose I might now fairly describe it as an International Business Machine despite its original manufacturer. : Although, BMW has acquired a distinctive trademark: THE ULTIMATE DRIVING MACHINE, many would argue that the description could also be fairly used to describe just about any Ferrari, a Shelby Cobra or even the new Hummer II. : For more about descriptive and generic names, check out genericnamesonline.com. :

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any trademark or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.