Trademarks

attempting to coopt generic words

[D_Blackwell]

A clients competitor (they have a good relatinship) has introduced a new product to the niche. He has attached TM to two common words typically used to describe similar products. We aren't terribly thrilled with that, though we also distribute his version and aren't looking to stir up the waters. (Though I thinbk that we should.)

Another competitor (poor relationship with all competitors) is claiming "Federal Common Law use..." for the use of these words with another brand. So it could come to a head between the two competitors, which is fine with me. The attempt to trademark these words troubles ME (if not some others) greatly.

My client sells three brands of this product and I repeatedly closely attach these two common words to all of the brands, and the SEO.

My question is: Would the coopting of these words stand up? (I know it is a lawyer question, but I have a deep interest in this, and am not cleared to spend the cash for an 'official' legal opinion.

It remeinds me much of the way Fox tried to lay claim to "fair and balanced", trying to use their clout steal a common description away from the public domain.

[Webwork]

Words or phrases of common use do not gain trademark status - that is, the right to use them exclusively - by merely attaching them to a product, etc.

For instance, I couldn't TM "internet marketing" just by smacking a TM on a product. Internet marketing is a ubiquitous phrase in commone usage predating any product - or domain name - I could conceive that might use it.

There's lots of foolishness in the TM realm. You need only go to the USPTO website and use their search feature to see how many TMs have withered on the vine.

Also, by using their tool and digging into actual marks, you will see that what at first appeared to be a trademark "of the words" is actually a trademark of a particular symbol upon which the words appear.

P.S. I don't hand out TM opinions on message boards, nor do I solicit such work. This is just general educational material, not legal advice. Webwork, Esq.