Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[2lstudent]

can terms such as indoor positioning system, GPS, realtime be trademarked if you add on the product name to the front?

[JSonnabend]

What do you mean by "trademarked"?

You can have trademark rights in and receive a registration for marks that include among other terms merely descriptive or even generic elements.  You may need to disclaim the descriptive portions in your registration, and you won't be able to stop others from using those portions either.

- Jeff

[2lstudent]

for example would i be able to get this mark approved:

Metro Global Positioning System TM

or since GPS is a common term,

Would i only be able to get the Metro part approved?
(Metro Global TM Positioning System)

not sure if my application would be declined over something like this?

[Lyza]

I am not an attorney but if your goods are a "global positioning system", you might receive a 2(e) descriptiveness rejection.  The term "METRO" might net you a by but I doubt it since "metro" is positioning in its meaning.

If an attorney disagrees, they will respond.  Thanks.

[JSonnabend]

As I said in my earlier post, you might have to disclaim the descriptive part.  That's along the lines of "getting only the Metro part approved", although legally your registered mark would still comprise the entire mark, not merely the more distinctive portion.  You certainly would not be able to stop others from using "global positioning system" or "GPS".

As for Lyza's conclusion on "Metro", my gut is you'd be ok, but that it's not a clear cut situation in either direction.

- Jeff

[2lstudent]

thanks!

i just wasnt sure if i should try to register metro or metro GPS (hypothetically speaking).

clearly i cannot get GPS alone- thats what i was asked by my boss and i said no but just wanted to confirm!!