Tag: secondary meaning

An Explanation of the Principal Register and the Supplemental Register

The Principal Register offers the strongest federal protection for your trademark. It affords you all of the benefits of Federal Registration. Marks allowed on the Principal Register are ones that are either arbitrary/fanciful marks or marks that have may be descriptive, but have obtained a secondary meaning. Sometime when denied the Principal Register a mark is given the option to be placed on the Supplemental Register. This occurs when a mark is descriptive, but has not yet acquired a secondary meaning. The Supplemental Register gives these marks time to acquire a secondary meaning while giving them certain benefits. The Supplemental Register allows the use of the registered symbol ® and can act as a deterrent from those that would infringe on your use or attempt to register a similar mark. It also allows suit to be brought in federal court and can be used as a basis for certain foreign applications.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.

Using color as a trademark

Colors may be trademarked although there are of course limitations. Generally, combinations of different colors that are arbitrary in design are allowed. More issues arise when only a single color is being trademarked. Originally single color marks were not allowed, however this was changed. Single color trademarks can be allowed if the color is not related to the functionality of the goods, this functionality can be utilitarian or aesthetic, and has a secondary meaning. Whether you are looking to trademark a combination of colors or a single color it is important to note the colors cannot be merely ornamental or only define a common shape. The colors will be considered generic, and thus unable to register, if they are part of the good’s function or are used to identify a specific type of product. Colors can help set your brand and products apart from your competitors.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.

Can I trademark a Name or Place?

While it is possible to trademark a name or place, there are many limitations. Full names and surnames can only be trademarked if there is a secondary meaning associated with them and as long as you are not infringing on the right of another person using their own name or a company with a similar name. Geographic terms can be trademarked as long as they are not descriptive of the origin of the goods. Like names, if a trademark is deemed geographically descriptive, it may be allowed if a secondary meaning can be demonstrated. A geographic term cannot be used if it would deceptively influence a customer. This means if a customer is likely to think a product is made in a specific area because of the geographic term when it is in-fact not, then the mark will not register. Lastly, even if you register a name or location fair use may allow others to use the name in some capacity. Names and locations can be an important part of your business or products, but be mindful when selecting them as your trademark.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.

Selecting a trademark

Not all trademarks are created equal. Some are better than others and easy to register and protect. Before filing your application there are things you should consider. The viability of a mark can be classified into four categories: generic, descriptive, suggestive, and arbitrary/fanciful. The last category, arbitrary/fanciful, is the most powerful and easiest to register. These are trademarks that have an ordinary meaning completely unrelated to the goods they are on or were entirely made-up specifically to identify your goods, services, or brand. Suggestive marks also offer a high level of protection. They are trademarks which may suggest an aspect of the goods, but still require thought and imagination to make the connection. Descriptive trademarks are marks that convey information about the product. They are harder to register and protect as they require a secondary meaning. A secondary meaning is generally obtained through marketing over time to demonstrate the trademark has acquired distinctiveness. The last category, generic, are common names for goods which cannot function as trademarks.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.