Trademark Of A Descriptive Term

This is a discussion on Trademark Of A Descriptive Term within the Copyright, Trademark, Patent forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; Does it make sense that someone was able to trademark the term Genuine Sea Glass? They claim to have trademarked ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Mar 23rd, 2009, 06:23 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Trademark Of A Descriptive Term

Does it make sense that someone was able to trademark the term Genuine Sea Glass? They claim to have trademarked the term here Sea Glass Jewelry (seaglass) - Beach Glass Jewelry (beachglass) By The Sea : Genuine Sea Glass™ - Certified Genuine Sea Glass™ ! and also make the claim that the term is protected by U. S. Trademark Law Rules of Practice & Federal Statues U.S. Patent & Trademark Office and provide this link to prove it Should I register my mark? Does this make sense to anyone?
  Reply With Quote
Sponsored Links
Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!
Old Mar 24th, 2009, 01:08 PM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Trademark Of A Descriptive Term

A trademark in use is the TM you see on many products. It allows a company to claim ownership on a term and establishes certain legal rights. Though it is a legal right, it is harder to defend in a court of law

The next level would be to Register the term which would allow the company to use the R with circle, the term which is a lengthy and expensive process for smaller companies.

US trademark law state this in the link provided. I believe they put this link here to show that this information is in US law.

Either way, defending a R mark or TM mark is expensive is theft is involved
  Reply With Quote
Old Mar 25th, 2009, 02:13 PM   #3
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Trademark Of A Descriptive Term

I tried e-mailing USPTO website,but they said they couldn't answer this question,and gave me a link to further info. Anyhow,the fact that the TM mark is still there as opposed to the R makes me wonder why it hasn't been officially registered yet, since it has been used since 1992. Also-reminds me of the time Trump tried to trademark the phrase -"You're fired"-it didn't work out for him!
  Reply With Quote
Old Apr 1st, 2009, 03:16 PM   #4
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Trademark Of A Descriptive Term

Smaller companies seldom have resources to register a trademark
  Reply With Quote
Old Apr 2nd, 2009, 08:25 AM   #5
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Trademark Of A Descriptive Term

that is not quite true

it is easy to register online with the gov and can be done without a lawyer if need be
  Reply With Quote
Reply

Bookmark & Share

Tags
None

This thread has 4 replies and has been viewed 328 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Short-term proof Unregistered Salary & Workers Compensation 0 Mar 20th, 2009 03:50 PM
Jail term for assault x2 Unregistered Trials & Sentencing 1 Oct 6th, 2008 12:03 PM
What is the legal term for... EQS Attorneys & Legal Ethics 0 Aug 6th, 2008 05:39 PM
Lease Term Unregistered Landlord vs Tenant Issues 1 Jan 1st, 2008 04:51 PM
Term Unregistered Other Real Estate Law Matters 4 Dec 23rd, 2006 06:31 PM


Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!


All times are GMT -5. The time now is 10:33 PM.