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Author Topic: What to register? ZORON INDUSTRIES or just ZORON?  (Read 738 times)


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What to register? ZORON INDUSTRIES or just ZORON?
« on: 10-20-17 at 08:09 am »

If your company name is ZORON INDUSTRIES (completely made up name for this example), is it more prudent to apply  for trademark registration of "ZORON" or "ZORON INDUSTIRES?"

Robert K S

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Re: What to register? ZORON INDUSTRIES or just ZORON?
« Reply #1 on: 10-20-17 at 12:18 pm »

It would depend on which of these two options, if any, consumers associate with branded products (or services).  No products (or services), no registration.

It is a common misconception that company names per se are eligible for trademark registration.  Keeping in mind that the underlying purpose of trademarks is to protect consumer association of a product with its origin, what is eligible for trademark protection is the name or other device that is associated with the product.  If Zoron is a company with no products, it is not possible to apply for trademark registration.  Under the Lanham Act, a mark must be used in commerce, and specifically a type of commerce that Congress is authorized to regulate (interstate commerce, international commerce, commerce with Indian tribes), before it may be registered.
This post is made in the context of professional discussion of general patent law issues and nothing contained herein may be construed as legal advice.

Robert T Nicholson

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Re: What to register? ZORON INDUSTRIES or just ZORON?
« Reply #2 on: 10-20-17 at 02:12 pm »

To expand a bit on what Robert has said, companies establish branding to identify the good and services that they offer, and it is that branding that you want to protect.

Typically, the branding will be a short and memorable phrase (or graphic) that consumers will associate with the companies offerings.

For example, when Apple began selling computers, the ads did not say "Apple Computer Inc."   They featured the prominent word Apple, and the graphic image of an apple with horizontal colored stripes.  Both the word and the image became associated with Apple computers, and both were registered trademarks.

To go back to your case, is your customer more likely to say "I always buy Zoron widgets" or "I always buy Zoron Industries widgets"?

Which form will be featured prominently on your ads and packaging?

If the choice is not clear, there is no reason you cannot use and register BOTH.

But remember, as Robert said, the trademark is not intended or needed to protect your company name - it is intended to be associated with the goods or services you offer.

This post is provided for information purposes only, and does not constitute legal advice.

Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center


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