This might be a reasonable compromise where the applicant gets at least a federal trademark registration without having to spend more money arguing against the geographic rejection. An ITU applicant must first submit an acceptable Statement of Use before switching to the Supplemental Register, which will cause the application to have a later effective filing date. Trademark Registration What is a primarily geographically descriptive trademark? What are examples of marks that were not primarily geographically descriptive?
What is a primarily geographically mis descriptive mark? Ask yourself, is your prospective mark a source identifier something people immediately understand to recognize your brand or is it something else? Conversely, if the mark is fundamentally removed from the geographic aspect of the mark, the mark will register. Please note, International Trademarks filed through the Madrid Protocol may perhaps require a separate analysis.
Registering your trademark correctly from the start is important. Please feel free to reach out and request to speak with one of our trademark attorneys to discuss your idea. Have a question? We want to know. We hope these examples assist you in a better understanding of trademark law. If you still have questions, please do not hesitate to contact one of our NY trademark attorneys for a courtesy consultation. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail.
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Learn More. Free Consultation Trademark Law. Examples of When Trademarks Can and Cannot Incorporate Geographic Terms Many of our clients have inquired about whether they can use a town, city, state or other geographic term as part of their trademark. To provide the best possible experience for website visitors, Novagraaf uses cookies. By clicking "Accept" or continuing using the site, you agree to our privacy policy , including our cookie policy. Search keyword Search. Overview Testimonials Vacancies.
Welcome to Novagraaf Insights. Potential benefits and pitfalls There are a number of reasons why you might wish to reference a place in your trademarks. Tips and tricks for success If naming your products or services after a geographical place is nonetheless important to your business, then there are a number of ways to support such an application. Weighing up the odds Brand owners will need to ask themselves whether using a place name or indeed any descriptive mark in their business or product name is really necessary, and assess the benefit of launching such brand names, given the likely difficulties of obtaining trademark protection and the potential limitations of that protection even once in place.
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