The USPTO does not consider trademarking a generic word as a good idea, in some cases when the mark acquires distinctiveness it may be granted. The United States Patent and Trademark Office (USPTO) is the federal agency that examines trademark application. It is important to understand that your trademark registration does not give you perpetual rights to use it. You must continue to use your mark for as long as you want to keep it registered, and renew it at 10 years from your registration date
This specific question has required quite a bit of discussion and legal debate. Currently, the USPTO has provided a provisional rejection against our client’s application on the grounds that the word MUST is not distinctive.
A trademark is a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark for services. Trademarks identify exclusive rights in particular areas and are not used to describe the products themselves (as trademarks).
What makes trademarks so valuable to businesses? Well – they’re what consumers connect with when they buy your product. If you think about it like this: “I’m going to buy this brand because I trust them,” then you understand how important trademarks really are!
The examiner also cited numerous third party uses of MUST, thereby demonstrating that the term(s) are “generally used in accordance with its ordinary meaning and would be understood by potential consumers in that manner.”
The Board agreed. In its decision, it held:
(1) The term MUST is not inherently distinctive, and there is nothing about the applicant’s use of MUST to describe a characteristic or feature of its goods that makes it inherently distinctive; (2) Applicant’s use of MUST as a stylistic identifier (or “brand”) for its goods does not make it inherently distinctive; and (3) There is no evidence to show how consumers perceive Applicant’s product as being different from other products bearing similar marks on those same goods.
The USPTO does not consider trademarking a generic word as a good idea. In other words, when you apply for a trademark registration, it is important to understand that your trademark does not automatically become distinctive or registrable just because you have used it in commerce for five years or more. The USPTO examines your application with reference to specific criteria under Section 2(f) of the Lanham Act (15 U.S.), which states: “A mark cannot be registered if its use would be likely to cause confusion” — even if you might believe that your mark deserves protection because it has acquired distinctiveness through secondary meaning due to prolonged use in commerce.”
Trademark law that protects against the use of generic terms to describe a product or service.
A generic word is a word that is used to describe a product or service. Trademark law protects against the use of generic terms to describe a product or service.
For example, if you were selling an app for managing busy schedules, you may want to name your app “Easy Schedule Manager.” The word easy has become so common that it’s likely no longer protected as a trademark by itself. However, Easy Schedule Manager could be considered part of your trademark because the combination of words makes it unique and protects the brand from being used by competitors on similar products or services (for example: Easy Scheduler).
Although the USPTO does not consider trademarking a generic word as a good idea, in some cases when the mark acquires distinctiveness it may be granted.
Trademarking a generic word is not recommended. The USPTO does not consider it to be a good idea, and in fact has rejected many applications because they sought to trademark words that were considered too generic. However, there are some exceptions where the mark acquires distinctiveness and may still be granted.
The problem with trying to get a trademark for a basic word is that you will have difficulty proving that others aren’t using your mark as well. For example, if you wanted to trademark “the” then everyone would know what you’re talking about; however, this can make it hard for other companies who want their own brand names or logos associated with certain products or services because everyone will be using them!
The United States Patent and Trademark Office (USPTO) is the federal agency that examines trademark applications.
A trademark should be registered with the USPTO. The United States Patent and Trademark Office (USPTO) is the federal agency that examines trademark applications. The application process is simple and straightforward, and registration provides significant benefits.
Once you have a trademark, it is important to keep track of its status both inside and outside of the United States. The USPTO only registers trademarks for use within U.S borders; if you want your brand name or logo protected abroad, you must apply through IP offices in each country where it will be used.
It is important to understand that your trademark registration does not give you perpetual rights to use it.
It is important to understand that your trademark registration does not give you perpetual rights to use it. While there are several options for renewing your mark, you must file a renewal application before the deadline or else risk losing your exclusive rights in the mark.
If you don’t file by then, then your registration will expire and become open again for anyone else’s use—and since a registered trademark looks like an indicator of quality assurance on products and services, this could hurt you in terms of branding efforts down the road.
You must continue to use your mark for as long as you want to keep it registered, and renew it at 10 years from your registration date.
If you don’t file a renewal USPTO trademark application before the end of that 10 year period, or do not use your mark in commerce (more on this later), then your online word will be removed from the USPTO database and become available for anyone else to claim. If someone else does claim your online word while you are using it, they can stop you from using it by filing an opposition with the USPTO.
The most important thing to remember when considering whether or not a word can be trademarked is that the USPTO looks at all uses of that word in the context of how they are used. So if your use of a generic word is specific enough, it may be possible for you to trademark it. This means that if someone else’s use of the same word is generic and broad, then there may not be any conflict between your marks because they don’t overlap with each other’s meanings.