QUESTION

Would it be possible for a firm to trademark a commonly used phrase only for the purpose of its'' use online?

Asked on Aug 23rd, 2011 on Patents - Florida
More details to this question:
Ex. How Can I...? The user of the application would fill in the remainder of that question before submitting for others to respond. The purpose of applying for this trademark/patent would be to protect the differentiation strategy of the firm.
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1 ANSWER

Whether a phrase can be used and registered as a trademark depends on how it will be used. If the use is descriptive or even generic, then registering the phrase will be a problem or not possible at all. However, if the use of the phrase as a trademark is different from how people have used the phrase before, it is possible. Context has to be looked at. If the phrase has been used by others as a trademark for the same or related goods/services, then probably no, the phrase can't be registered. You should consult a trademark attorney with the details to get a better idea.
Answered on Jun 02nd, 2012 at 1:07 PM

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