QUESTION

Can I trademark a company name if it is an acronym which spells out a common word? Example would be CHERRY or NECK.

Asked on Dec 14th, 2011 on Intellectual Property - Michigan
More details to this question:
I understand common words can not be trademarked and I must show commercial intent for a trademark, which I plant to. I just want to conclude how to name the business. I want one of the products to appear, on the label, like this, "CHERRY flavored candy". In this case, the company name is CHERRY, where the product is referred to as "flavored candy".
Report Abuse

1 ANSWER

Patent Application Attorney serving New York, NY at Tarter Krinsky & Drogin LLP
Update Your Profile
Acronyms of a generic word or phrase are difficult to protect by trademark.  One must show that the acronym serves as a source identifier and is not used in its descriptive or generic sense.  This means that one must be able to prove that the generic term has meaning sperate from the underlying term.  You can see the difficulty in doing that - since it's a generic term, almost by definition it cannot be separated apart from its ordinary meaning.  Great effort must be made to develop meaning as a source identifier in an acronym of a generic term, apart from the term's ordinary meaning. This information should not be considered legal advice for your specific circumstances and are offered only as general information on the topic of your question.  This should not be relied upon as legal advice and Sills Cummis and Gross does not represent you until you have signed a retainer letter from us. Philip Braginsky, Sills Cummis and Gross http://www.sillscummis.com/practice/practice_group.asp?id=28
Answered on Dec 15th, 2011 at 10:43 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters