Post Tagged with: "‘Merica"

As Generic as Apple Pie

It’s Fourth of July Weekend! Or should I say, “Happy Birthday ‘Merica!” You probably already know you cannot register a generic term for a product or service. In other words, you cannot use a trademark registration to prevent others from using the term “apple pie” to refer to apple pie. But did you know that distinctive trademarks can become generic if they become too successful? Trademark owners can lose their rights if their trademarks become too commonly used. Have you ever had a headache and used ASPIRIN? Needed to go up a tall building and used the ESCALATOR? These marks, [...]
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Lego People are Trademarks Too

Everything is awesome at Lego today. The General Court of the European Union has upheld Lego’s trademark on the design of the little people that come with their brick sets. The trademark was being challenged by Lego competitor Best-Lock (the real news here is that there are Lego competitors). The court found that the holes in the feet and legs of the figures did not have a technical function and were therefore proper subject matter for a trademark. Trade dress (for instance, the design of a package or a Lego person) can also be a trademark here in ‘Merica. Just like in Europe, […]

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Trump Intends to Make America Great Again

The Daily Mail is reporting that Donald Trump has asserted trademark rights in the phrase “Make America Great Again” against fellow Republican Ted Cruz. According to the article, Cruz has agreed to not use the phrase. Trump told the Daily Mail that slogan “is my whole theme.” But here’s the thing: Trump does not have a registered trademark for the phrase. You do not have to be using a trademark to apply for registration. The USPTO allows you to file an “intent-to-use” application. The application is essentailly reviewed like any other application. Once the application is allowed, however, you have six months to […]

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