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Should you get your generic brand name TRADEMARKED?

by Jason H
9 replies
For example, let's say that you owned a car business called "Parking Lot" and luckily owned that domain name, should you get that word trademarked.

If I remember correctly, Donald Trump has had his famous quote "You're fired!" trademarked or something, even though it is so generic and everybody uses that word.

If so how would you do this?
#brand #generic #trademarked
  • Profile picture of the author Rockefeller
    Hi Jason,

    Generally speaking you cannot trademark 'generic' words for exclusive use, you can (potentially) register them but you will have a caveat against them that anyone can use those words. You may wish to do this if you are looking to protect the look/appearance of a logo containing those words etc. but you'd have no exclusivity over the actual words.

    Of course you can use the TM mark against anything you like to indicate that you are using it as a trademark, but that it is unregistered (the (R) symbol indicates a registered trademark), this may also help in future applications.

    I'm not familiar with the Trump registration.

    As always, with something like this it's always best to consult a professional.

    Cheers.
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    • Profile picture of the author davezan
      Originally Posted by Rockefeller View Post

      Generally speaking you cannot trademark 'generic' words for exclusive use
      Nor for their generic, dictionary, or descriptive use. You can't use shell to sell
      mollusks, for example.

      For your example, I'm not sure that's possible. Check with a lawyer.
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  • Profile picture of the author Davioli
    Sorry to sorta hijack this thread. @rockefeller .. does this mean someone can put TM next to any name they want even though they haven't registered it as a valid trademark?
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    • Profile picture of the author Dan C. Rinnert
      Originally Posted by Davioli View Post

      Sorry to sorta hijack this thread. @rockefeller .. does this mean someone can put TM next to any name they want even though they haven't registered it as a valid trademark?
      If it is being used in trade. That is, if you are running a business, you can put a TM by your name. It's akin to marking your territory. Of course, you should do a search beforehand to make sure it's not already in use. If someone else is already using the name, their use would likely trump yours. (For example, if you start a shoe company and call it Nike, you're going to have problems. Of course, in that case, it won't matter if you try to put a TM next to it...)

      But, as far as I know, you can't just write up a list of names you like and put a TM next to them to try to claim them as yours. You have to be using the name in some manner of business.
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    • Profile picture of the author CDarklock
      Originally Posted by Davioli View Post

      Sorry to sorta hijack this thread. @rockefeller .. does this mean someone can put TM next to any name they want even though they haven't registered it as a valid trademark?
      Registration requires you to use a mark for a certain period of time. If you intend to register a mark for use in trade, then until you register it, you use TM. This asserts your intent to register, so anyone who finds that unreasonable has significant opportunity to object. However, if your registration is denied, you have to stop using it.

      That's the intended usage of TM. In practice, just stick TM next to everything that sounds remotely like a brand name, and it makes you look more professional.
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  • Profile picture of the author Jason H
    This makes me curious to how billionaire Sir Richard Branson was able to trademark the sexual-implication generic word "Virgin".
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    • Profile picture of the author SageSound
      Originally Posted by Jason H View Post

      This makes me curious to how billionaire Sir Richard Branson was able to trademark the sexual-implication generic word "Virgin".
      The term "virgin", in any of it's known or historical uses, never applied to airplanes, aircraft, airlines, flying, or anything even remotely related.

      So the USE of the term in that context is anything BUT generic.

      Like the previous poster said, an apple is a type of fruit. Before someone chose it for use as their company name, there was absolutely no reason to associate the term 'apple' with a computer. Generic use would be to describe a type of fruit, or food item.

      Also, "rootbeer.com" is distinctly different from "root beer". The latter is generic, the former is unique. But don't allow yourself to be fooled into believing that just because you might be able to trademark a domain name that contains otherwise generic words, that you'd be able to claim a trademark right over the use of those generic words. The trademark would on the domain name.

      So your question is a little off. You can NOT GET a generic name trademarked. But you CAN get virtually ANY domain name trademarked (in theory). They're totally different things.

      Call a trademark lawyer.
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  • Profile picture of the author tomcam
    I've registered several trademarks. The more generic, the harder to get, especially in the same category. (Trademarking iAuction in the auction business is difficult, for example.) Counterintuitively, it's easy to get a generic mark in the "wrong" category. Canonical example is Apple, in the computer business. I could easily get the trademark Fido in the beer business, but not in the dog food business.
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  • Profile picture of the author Sparhawke
    In the English "Dragons Den" now broadcast all over the world there is a tagline spoken by everyone in the world and though it is very well recognised now with entrepreneur shows of this kind even they would have a hard time getting it trademarked.

    You cannot trademark generic words that easily, especially when they have been in use for many decades and have a legacy.

    "You're Fired" is a line bosses the world over use so would never stand up in court, "I'm Out" is something that has only come about in the last few years so has a better chance. Just like "I'm loving it" is trademarked to MacDonalds.

    Originally Posted by Jason H View Post

    This makes me curious to how billionaire Sir Richard Branson was able to trademark the sexual-implication generic word "Virgin".
    Sir Richard Branson stated once that he chose the word "Virgin" for his business not because of the sexual connotations but because it was so new.

    http://en.wikipedia.org/wiki/Virgin_(company)

    Originally Posted by wiki

    The brand name "Virgin" arose when Branson and a partner were starting their first business, a record shop. They considered themselves virgins in business. The current Virgin logo was originally sketched on a paper napkin and remains largely unchanged since 1979.
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