Generic Terms, Trademarks, Ineligibility

The Federal Circuit said:

• A generic term ‘is the common descriptive name of a class of goods or services
• The critical issue in genericness cases is whether members of the relevant public primarily use or understand the term sought to be protected to refer to the genus of goods or services in question
• Genericness is determined according to the two-step Ginn test: First, what is the genus of goods or services at issue? Second, is the term sought to be registered or retained on the register understood by the relevant public primarily to refer to that genus of goods or services?
• Also noted:  stylized nature of the mark cannot save it from ineligibility as generic.

Federal Circuit Skewers Trademark Applicant | Harness, Dickey & Pierce, PLC - JDSupra

Trademark Registration, Consent, TIME TRAVELER BLONDE Mark

source: Consent or Not, No Trademark Registration for Brewer’s TIME TRAVELER BLONDE Mark | Winthrop & Weinstine, P.A. - JDSupra

Trademark Issues: Selection, Protection, Registration, Use

trademark selection, registration, registerable,  protectable, protection, mark, trademarks, goods, services, United States Patent and Trademark Office, USPTO, categories, arbitrary, fanciful, suggestive, descriptive, generic, federal trademark law, immoral, deceptive, scandalous, deceptively, misdescriptive, geographically, distinctive,  secondary meaning, consumers, confusion test, trademark use, adjective, infringement

source: Issues to Be Aware of When Seeking Trademark Protection | McDonnell Boehnen Hulbert & Berghoff LLP - JDSupra

TM Should Be Used Before A Mark Is Federally Registered

Once the mark is registered, it should be replaced with the “Circle R” --

Claim What’s Yours | Winthrop & Weinstine, P.A. - JDSupra:

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