Hello!
Thank you for visiting! Today's post will address whether you can trademark common or generic names. I briefly discussed this issue in a previous article you can find here. Basically common or generic names, or words or phrases that are merely descriptive are not sufficient for trademark registration with the USPTO. See TMEP §1213.05. However, if a combination of common or generic names create a unique name, tag line, or coined phrase, then the USPTO considers them unique enough to be a trademark. See the example below:
Go and Daddy separately are two common or generic words. Alone neither are sufficient for trademark registration. However, the combination of "Go Daddy" together is a unique name that is trademarked!
So when choosing names for trademark registration, do not be afraid to use common names together to create a unique name or phrase. As long as your name has not been previously used by another individual or entity, and you are using the name in commerce, trademark registration is feasible.
I hope this information was helpful. If you have any questions, please leave a comment.
1 comment:
Hi there! Great blog. I have a question for you...Can we trademark a phrase such as "The Original Knife Thrower's Glove"?
My confusion lies in the fact that we are making a claim that we are the "Original." Will the trademark office accept this as long as nobody else has claimed it.
Thanks!
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