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What you have to show to register a national Trademark in the U.S.

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leon2112 | eNoter

Posted November 10, 2013 at 10:55 PM via web

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What you have to show to register a national Trademark in the U.S.

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eir | College Teacher | (Level 3) Adjunct Educator

Posted November 11, 2013 at 12:22 AM (Answer #1)

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According to the US Patent and Trademark Office's handbook: 

A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others (1).

In order to register the trademark you will have to show:

(1) that the trademark will not be confused with other already registered marks--espeically those associated with similar services.

(2) secondly you will have to show that the mark is unique enough to be protectable. If a mark merely describes the product, it is not registerable. The manual gives the example: "creamy" as a non-registerable trademark for yogurt (3). Instead names should be suggestive.

Those are the two main criterion. 

Also, however, the trademark can be denied if it is:

a surname; geographically descriptive of the origin of the goods/ services; disparaging or offensive; a foreign term that translates to a descriptive or generic term; an individual’s name or likeness; the title of a single book and/or movie; and matter that is used in a purely ornamental manner (4).

Sources:

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