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 ...
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#1 |
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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?
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#2 |
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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 |
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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!
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#4 |
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Smaller companies seldom have resources to register a trademark
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#5 |
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that is not quite true
it is easy to register online with the gov and can be done without a lawyer if need be |
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