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[Rumpole_Wannabe]

Hello everyone,  

I'm new to the board here and looks like an interesting place so hello to all from Canada. I have a new interest in trademark laws and have my first question for this board, hopefully I will be able to help with an answer in the future, which is:

I noticed that the term Realtones has just passed as a trademark to describe ringtones. Does that mean that anyone who is selling realtone ringtones on a website will be getting a letter saaying they can't call them realtones?

I thought realtones was just a descriptive term that had become almost generic as that most people who download ringtones that are real sounds, or tones of the actual artist, call them realtones...don't they? Does this mean we can't call them ringtones anymore?



I thought a trademark had to associate a product or service with a particular manufacturer?

Any thoughts?

Thanks
RW

[JSonnabend]

I thought a trademark had to associate a product or service with a particular manufacturer?

You are correct.  The TM office may not know that a mark is generic, and so may allow the registration to publish and eventually issue.  You may oppose the registration during the opposition period, or seek cancelation of the mark for genericness at any time after registration.

- Jeff