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  • From: "gutierrez-lagatta" <gutierrez-lagatta AT charter.net>
  • To: <market-farming AT lists.ibiblio.org>
  • Subject: [Market-farming] Trademarks
  • Date: Thu, 5 Dec 2002 15:56:34 -0600

Jay,
Even though a search may show that nobody has registered the term, it
might not meet the regulations for registration:

1. If it is used a a Trade NAME, rahter than as a distinct product or
group of products, it cannot be used as a trademark.
"If the examining attorney determines that matter for which
registration is requested is merely a trade name, registration must be
refused both on the Principal Register and on the Supplemental
Register. "

2. There is also a question about the use of descriptive terms - and
this is one area where "Naturally Grown" may not pass muster. "Marks
that are merely descriptive of the goods or services may not be
registered on the Principal Register absent a showing of acquired
distinctiveness under 15 U.S.C. §1052(f). See TMEP §1209.01(b)
regarding merely descriptive marks, and TMEP §§1212 et seq. regarding
acquired distinctiveness. Merely descriptive marks may be registrable
on the Supplemental Register. 15 U.S.C. §1091.

Matter that is generic for the goods or services is not registrable on
either the Principal or the Supplemental Register under any
circumstances. See TMEP §§1209.01(c) et seq."

Is there a way to get an opinion on whether a term is acceptable or
not without haveing to pony up for a lawyer?
> To do a trademark search of the phrase "Naturally Grown," go
> to the U.S. Patents and Trademarks Office web site and do
> trademark search.





  • [Market-farming] Trademarks, gutierrez-lagatta, 12/05/2002

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