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A Word About Bargain Searches and Trademarks
(often referred to as knock-
Bargain searches & trademark registrations severely limit the scope of their search services resulting in extremely weak trademarks. Bargain services are inexpensive because they mechanically search for matches to your suggested name or mark and do not use professionals to advise you regarding other issues such as dilution, distinctiveness, descriptiveness, and unenforceable generic names (see Focus on Intellectual Property Rights for definitions of these terms.)
Courts may impose harsh penalties for using a mark found infringing or unenforceable. Penalties usually include the loss of inventory bearing a conflicting mark, forced repackaging of goods, and a complete revision of entire marketing and advertising campaigns. In addition, substantial money damages and attorney fees are normally imposed.
Even a successful registration by a bargain service may not protect you. Registration
of your mark with the United States Patent and Trademark Office may not protect you
from an infringement action. A business with a registered mark may be liable to another
firm that may not have registered its mark if the non-
To protect yourself from costly litigation and the loss of your good name, good will and reputation you need to comprehensively search for any registered marks, common law marks, and uses of your suggested name that may potentially conflict with your mark. Whether another mark conflicts with yours is a legal question that only a competent trademark attorney can answer. Our law firm would like to successfully help you develop a strong mark, register that mark, and protect your business from infringers in the marketplace.
Obtaining a trademark registration is only the first step in protecting your mark. See Maintenance and Monitoring of trademarks and Substantive Examination of Applications to learn more about the legal (substantive) aspects of a trademark application.
Here’s A Few Examples of Marks Held Generic
(and not registrable)
LAWYERS.COM generic for providing an online interactive database featuring information exchange in the fields of law, legal news and legal services.
THE BEST BEER IN AMERICA for beer and ale held to be “so highly laudatory and descriptive of the qualities of [applicant’s] product that the slogan does not and could not function as a trademark to distinguish Boston Beer’s goods and serve as a indication of origin.
SCREENWIPE held generic as applied to premoistened antistatic cloths for cleaning computer and television screens
BUNDT, a term that designates a type of cake, held generic for ring cake mix
LENS held generic for “retail store services featuring contact eyewear products rendered via a global computer network
OUTDOOR PRODUCTS generic for a class of goods worn and used by persons engaged in outdoor activities
ESERVER generic for “computer network access products, namely, computer hardware and operating software therefor that allow connectivity to and the administration of public and proprietary computer networks and the processing of information contained thereon
NUTRITION BULLETIN held generic for “providing information in the field of health and diet via a web site on the Internet
SPORTSBETTING.COM held generic for “provision of casino games on and through a global computer network wherein there are no actual monetary wagers; provision of contests and sweepstakes on and through a global computer network; [and] providing a web site on and through a global computer network featuring information in the fields of gaming, athletic competition and entertainment
BLINDSANDDRAPERY.COM generic for retail store services featuring blinds, draperies and other wall coverings, conducted via the Internet
CANDY BOUQUET generic for “retail, mail, and computer order services in the field of gift packages of candy”
RUSSIANART generic for dealership services in the field of fine art, antiques, furniture and jewelry
E-
LOG CABIN HOMES generic for architectural design of buildings and retail outlets selling kits for building log homes
WEB COMMUNICATIONS generic for consulting services to businesses seeking to establish sites on a global computer network
ICE PAK for reusable ice substitute for use in food and beverage coolers held generic; even assuming a contrary holding, evidence submitted by applicant deemed insufficient to establish acquired distinctiveness
ANALOG DEVICES held generic for devices having analog capabilities
HALF PRICE BOOKS RECORDS MAGAZINES for retail book and record store services “is incapable of designating origin and any evidence of secondary meaning can only be viewed as ‘de facto’ in import and incapable of altering the inability of the subject matter for registration to function as a service mark”
(A more complete list is found at 1209.01(c)(iii) Generic Matter: Case References: http://tess2.uspto.gov/tmdb/tmep/1200.htm)
Creating Brand Value with a Strategic Business Name
How valuable is your brand name? The value of a strong mark or brand name can be extremely high. In one example, approximately 68% of the value of a company was traced to brand name value.
“The business environment is becoming increasingly difficult, with such challenges as lingering recessions and intense
borderless competition. . . . Increasing brand value is critical in differentiating our products from those of competitors and enhancing earnings power.”
Quoting Kazuo Toda
Executive Vice President Panasonic, In charge of Design, Advertising, and Corporate Brands
- Increase your brand value by registering your brand name through our Trademark Services.
- Keep your brand value strong by having our firm maintain your registration, and monitor
new marks and new common law uses for infringing uses on your mark(s).
- NOT monitoring and NOT protecting your rights by allowing someone else to use a mark similar to yours may result in the loss of your legal rights in a mark due to dilution!