Skip to Content.
Sympa Menu

market-farming - RE: [Market-farming] Interesting reading on a cold and snowy day

market-farming AT lists.ibiblio.org

Subject: Market Farming

List archive

Chronological Thread  
  • From: "jay gee" <jgj23 AT mindspring.com>
  • To: "market-farming AT lists.ibiblio.org" <market-farming AT lists.ibiblio.org>
  • Subject: RE: [Market-farming] Interesting reading on a cold and snowy day
  • Date: Thu, 05 Dec 2002 14:49:16 -0800 (PST)

Marie in Missouri wrote:

>>>>
It just irritates the hell out of me that we as residents of a "free"
country cannot use words in our language to describe what we offer to
sell just because some s.o.b. paid his two bucks to use OUR words
exclusively. Some day all we will be allowed do is point at our stuff
because all the words have been taken.
<<<<

Don't be irritated Marie, be pragmatic.

IANAL, but I know a little about trademarks,
having applied for and received numerous
marks over the years (all, btw, without the
help of a lawyer).

Trademark law does not prevent you from
using words which are part of the language.

Trademark law gives the trademark holder
the right to be protected when someone
unfairly "infringes" a mark which has been
built up over time, through use in interstate
commerce.

The beauty of trademark law is that if you
choose to market cucumbers you produce
under the formal name of "Marie's Naturally
Grown Missouri Cucumbers" and build up a
following based on your name, you can
protect that name for your use alone.

Some of the marks mentioned in my post about
a register search had marks similar to that, but
were for lamb, beef and japanese chickens
(don't ask, it was way too complicated).

You probably can't get a "naturally grown"
trademark for beef or lamb because of these
preexisting marks. The chickens mark was
for an artistic label, not a name, so something
similar might be possible.

HTH

Jay Gee
not a farmer - but interested in farming





Archive powered by MHonArc 2.6.24.

Top of Page