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Register a trademark?

Discussion in 'BlackHat Lounge' started by SpellZ, Sep 28, 2010.

  1. SpellZ

    SpellZ Regular Member

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    I have a phrase, an example of it is, "Apples, Bananas & Oranges"

    I want to trademark it, so no other company can use that slogan, use it on there products, service names, etc.

    Is it possible?
    Or if they DO use it, I get royalties on that.
     
  2. GreenGoblin

    GreenGoblin BANNED BANNED

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    nope, because it's common terms same reason facebook will lose its case
     
  3. SpellZ

    SpellZ Regular Member

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    What is a definition of a "common term"?
     
  4. SpellZ

    SpellZ Regular Member

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    Reason I'm asking is because of this:

    <object width="480" height="385"><param name="movie" value="http://www.youtube.com/v/bbM28eM_0Sk?fs=1&hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/bbM28eM_0Sk?fs=1&hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="480" height="385"></embed></object>


     
  5. Crazy

    Crazy Jr. Executive VIP

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    Probably best to ask a lawyer this question. E-mail the people over at LegalZoom. They might give you some basic information.
     
  6. GreenGoblin

    GreenGoblin BANNED BANNED

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    common terms are terms that's commonly used like ...face & book, u can ask a attorney but I'm 90% sure u can't trademark those terms...it's like me trying to trademark "Dog mouth" and then say its my companies name, well that's all fine and dandy but to trademark it i would have to explain how is it unique from the original terms commonly used.

    Read this

    http://www.slate.com/id/2062607/
     
    Last edited: Sep 28, 2010
  7. youssef93

    youssef93 Senior Member

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    Sure thing you cannot trademark 'Dog' but facebook IS NOT a common term. They did not trademark 'face' or 'book' but they trademarked 'facebook' which is perfectly ok.
     
  8. GreenGoblin

    GreenGoblin BANNED BANNED

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    http://www.pcworld.com/article/204337/facebook_attempts_to_trademark_the_word_face.html


    Facebook appears to be getting much more aggressive in protecting its brand, even going as far as attempting to trademark the word "face," documents indicate. The company took over another application for the common word from UK company CIS Internet Limited.
    Their application was filed in 2005 by that company, and TechCrunch's Erick Shonfeld suspects CIS transferred the application to FaceBook around November 2008. Around this time the social networking site's lawyers began to deal with the US Patent and Trademark Office over the application.
    All is not smooth sailing — Facebook is getting opposition to the attempt from a familiar face. Aaron Greenspan was a classmate of CEO Mark Zuckerberg, and last year successfully settled with the social networking company over his claims to being part of Facebook's initial development.
    Greenspan is again disputing Facebook's claim to the word "face," and has successfully gotten the USPTO to give him an extension of time in order to fight the company's claims to the mark. He will have until September 22 to argue his case, and he may have some solid ground to do so.
    "Face" is such a common word that awarding a trademark claim to it could potentially put several brand names in use already in jeopardy of legal action by the social networking site. How about FaceTime, Apple's name for its video calling feature, for example? Some trademark attorneys argue that the word is so common that it cannot be trademarked.
    It also could set a bad precedent for other trademarks, and a mad rush to attempt to get the rights to all kinds of common words that are found in currently existing brand names. These rights could then be used in turn to essentially extort money out of those companies.
    Facebook already has bullied around a few companies over its names. Take for example PlaceBook. The travel site was forced to change its name to TripTrace after a legal threat from Facebook. TeachBook is also under fire, but that company is vowing to fight Facebook's legal challenge in court.
    Patent reform? How about trademark reform too. Sheesh.

    Facebook won't win, know matter how much money they have, that would mean any company that using the word face in anything would have to change there name trademark its not gonna happen sorry.
     
    Last edited: Sep 28, 2010
  9. Chronos

    Chronos Junior Member

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    I think he's more or less thinking of a phrase.

    For instance, not just any company can say, "Why Pay More?" as a slogan in the fast food biz. Only Taco Bell can because they Trademarked that phrase in hopes to further brand the Taco Bell name.

    I think you're going to need to Trademark register your brand, citing your building a unique product or whatever, and then after that register your phrase citing that you're going to use that phrase to further brand your company.