Toilet Paper and Trademarks. What do these items have in common?
Well, in recent times, they are both items that have become hot commodities during the COVID-19 pandemic.
It’s actually quite common for businesses and ambitious entrepreneurs to rush to the U.S. Patent and Trademark Office (“USPTO”) after a major disaster or crisis. They try to register words currently in vogue; in this case, all things related to CoVID-19. Over 1500 applications have been filed with the USPTO specific to COVID, Coronavirus, C-19, etc. Some applicants, trying to catch windfall by filing applications for words and phrases, such as “Covidiot” and “Straight Outta COVID”, may find they are unsuccessful. The majority of those requests will be denied, as descriptive or generic. A trademark is merely descriptive if it “immediately conveys” the ingredients, qualities, or characteristics of the goods or services with which it is used. A trademark will be considered merely descriptive if it conveys any aspect, purpose, function or use, or desirable characteristic of the goods or services. But perhaps a few clever applicants will find a way around those grounds for refusal.
What’s important to note about this occurrence is the lack of understanding involved in knowing what a trademark is, what its purpose is, etc. A trademark isn’t just a good idea – it’s a source identifier. A word, phrase, design, color, sound, logo, or combination of those things that identifies the source of a product or service. Further, in the United States, among other obstacles that must be overcome, proof of use is required before an application can rise to the level of a registration.
The bottom line is – if your mark, at a minimum, doesn’t meet the above requirements, don’t waste your money filing for trademark registration. Until next time – I’m Francine D. Ward, Intellectual Property Attorney. If you are interested in knowing whether your COVID-19-related product or service meets the test, feel free to set up a complimentary consultation.
Francine D. Ward
Attorney-At-Law, Author, Speaker
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Don’t miss Francine’s Latest Blogs:
- Trademark Check.Trademark check. When it comes to protecting your trademark, the most important step in the process is to choose a trademark that can be protected. The selection of your mark… Read more: Trademark Check.
- Register TrademarkRegister Trademark. In the world of business, trademarks are crucial assets. They are symbols of your brand’s identity and reputation. While trademark registration isn’t mandatory in the United States, it… Read more: Register Trademark
- Trademark SearchTrademark Search. Trademark search. It’s important to understand the concept. The second most important step in the trademark process is clearance. Trademark clearance is another term for the trademark search.… Read more: Trademark Search
- FTC Endorsement GuidesFTC Endorsement Guides. In today’s digital age, the lines between genuine recommendations and paid endorsements can often become blurred. Such misconceptions make it essential for consumers to be able to… Read more: FTC Endorsement Guides
- Right of PublicityWhat is the Right of Publicity? The right of publicity is a legal concept that prevents the unauthorized use of an individual’s identity for commercial purposes. Depending on the state,… Read more: Right of Publicity
Don’t miss Francine’s Latest Blogs:
- Trademark Check.Trademark check. When it comes to protecting your trademark, the most important step in the process is to choose a trademark that can be protected. The selection of your mark… Read more: Trademark Check.
- Register TrademarkRegister Trademark. In the world of business, trademarks are crucial assets. They are symbols of your brand’s identity and reputation. While trademark registration isn’t mandatory in the United States, it… Read more: Register Trademark
- Trademark SearchTrademark Search. Trademark search. It’s important to understand the concept. The second most important step in the trademark process is clearance. Trademark clearance is another term for the trademark search.… Read more: Trademark Search
- FTC Endorsement GuidesFTC Endorsement Guides. In today’s digital age, the lines between genuine recommendations and paid endorsements can often become blurred. Such misconceptions make it essential for consumers to be able to… Read more: FTC Endorsement Guides
- Right of PublicityWhat is the Right of Publicity? The right of publicity is a legal concept that prevents the unauthorized use of an individual’s identity for commercial purposes. Depending on the state,… Read more: Right of Publicity