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Re: Trademarking / Servicemarking my URL[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Stephen L. Anderson on June 25, 2001 at 17:55:52: In Reply to: Trademarking / Servicemarking my URL posted by Jeff Phillips on June 23, 2001 at 19:37:43: Yes, to be registrable: the organization name must not be descriptive or generic in light of the for the nature of the goods and/or services which it is seeking to brand. That is not to say that Class A is descriptive or generic however, it depends on the goods and services that the mark is used with. (COMMENT: BURGER KING is a registered trademark for restaurant services - not for burgers.) For logos or designs, they too must be distinctive and original. Again, it is important that the name (or design) consist of something more than merely describing the goods or services. (SOAP for hand-washing Please keep in mind that unless a name is truly fanciful or coined - (e.g., XEROX or COCA-COLA) it is often possible in many cases that two different people may register the same name in different classes -- (e.g. DELTA for faucets and DELTA for airlines). This rule exists because it is unlikely for customers to become confused into thinking that the faucets and the airlines are coming from the same source company. However, even a generic name can, over time, (at least 5 years of use) become known and recognized by the public as a trademark and thus registrable on the supplemental trademark register. (THINK: BEST BUY for example) For more info, visit our sites: www.brandxperts.com (trademarks) or
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