QUESTION
Filing a trademark for a brand under a general name
Asked on Mar 26th, 2014 on Intellectual Property - Florida
More details to this question:
Hello, I have done a little research but cannot find the answer to a branding question that I have in regard to filing and obtaining a registered trademark for a specific name. For all non-disclosure purposes let's refer to the name of the brand as "Plaid", a name representing a somewhat specific design/type of material. Let's assume in theory that this was an unregistered name under the category for clothing/retail, would it be possible to get approval for this trade name/brand "Plaid" with a corresponding unique logo, or would this be throw out immediately due to the general use of the word. Legally speaking if it were possible what would have to be done to ensure approval, are there any unique things I should know on how to file, etc. Thank you for your help, Jay
1 ANSWER
First, I assume by a "general name" I assume you mean a name that is generic description of the type of goods, such as clothes for clothing. Such terms are not registerable/protectable. However, if you have a unique logo, it would be protectible/registerable with or without the descriptive term. Furthermore, if you file for the combination of the descriptive term and the logo, you will be required to disclaim the descriptive term apart from the combined mark since you cannot preclude others from using terms that are comonly used to describe or identify a particular product.
Answered on Apr 01st, 2014 at 3:57 PM