This forum is no longer operational. Here are the New Forums.

Re: Owning Words

[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ]

Posted by George H. Mills on April 13, 1999 at 08:03:24:

In Reply to: Owning Words posted by David Paul on March 18, 1999 at 12:20:20:

: What are some arguments for the applicant in a trademark opposition, regarding a company with its own established name, call them - GISWAD™, that also uses a proper English word, say Bread, as another name they use, so together it is GISWAD Bread™, the two words together are trademarked. The company is opposing the use of Bread with another word, say Box, and the applicant is seeking to trademark The Bread Box. GISWAD™ says to The Bread Box applicant that the later is confusingly similar. The opponent and the applicant are both involved with making Bread, as it were.
: Any suggestions would be most helpful.

You need to visit with your trademark lawyer and obtain a copy of the GISWAD, trademark application and file. My bet is that they had to disclaim the use of the name "Bread" except as used with GISWAD. As a usual rule you cannot trademark a generic term like "water," "bread," "candy," etc. If they were not required to disclaim the word bread, for the sale of bread, then the examiner probably made a mistake, and my bet is that they could not prevent you from registering your mark, provided you want to fight them.

Follow Ups:

Post a Followup

Name:
E-Mail:

Subject: Re: Re: Owning Words

Comments:
: : What are some arguments for the applicant in a trademark opposition, regarding a company with its own established name, call them - GISWAD™, that also uses a proper English word, say Bread, as another name they use, so together it is GISWAD Bread™, the two words together are trademarked. The company is opposing the use of Bread with another word, say Box, and the applicant is seeking to trademark The Bread Box. GISWAD™ says to The Bread Box applicant that the later is confusingly similar. The opponent and the applicant are both involved with making Bread, as it were. : : Any suggestions would be most helpful. : You need to visit with your trademark lawyer and obtain a copy of the GISWAD, trademark application and file. My bet is that they had to disclaim the use of the name "Bread" except as used with GISWAD. As a usual rule you cannot trademark a generic term like "water," "bread," "candy," etc. If they were not required to disclaim the word bread, for the sale of bread, then the examiner probably made a mistake, and my bet is that they could not prevent you from registering your mark, provided you want to fight them.

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.

This is the Old Trademark Forum. It is no longer operational.
Click Here to go to the New Forums.

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70

www.intelproplaw.com

The Intellectual Property Law Server

Old Trademark Forum

Re: Owning Words

This is the Old Trademark Forum. It is no longer operational. Click Here to go to the New Forums.

This is the Old Trademark Forum. It is no longer operational.
Click Here to go to the New Forums.