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  1. #1
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    Default What Brands, Product Names and Symbols May be Trademarked

    NIKE and the swoosh are both trademarked. So that indicates a source, right?
    All items with that name and image are associated as being a part of, or coming from that NIKE family (the source).
    Am I right in thinking of a trademark being like an umbrella covering a family?


    Okay, if NIKE had one shoe called Cool Colleen Trainer. Is that name trademarkable?

  2. #2
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    Default Re: Trying to Understand What is Trademarkable

    Once Cool Colleen Trainer is used in trade it can be a trademarked phrase.

  3. #3
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    Default Re: Trying to Understand What is Trademarkable

    Thanks

    So, the company markets and sells the trademarked "Cool Colleen Trainer".

    Next question, let's say there's three types of shoe laces you can buy with the Cool Colleen Trainer 1) the Razzle Dazzle, 2) the Pretty Pinky Pink, and 3) the Plain Jane.
    They do not market these shoe laces they just offer them for sale (and there is no registered trademark using these names). Are these names being used as a trademark? And can they be claimed as a common law trademark?

  4. #4
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    Default Re: Trying to Understand What is Trademarkable

    For starters, "trademark" is not a verb. A "trademark" (noun) is a word, symbol, etc. that serves to indicate the source of goods and services. As an adjective, "trademark" describes certain rights that an owner of a trademark might possess.

    Quote Quoting Katydog
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    NIKE and the swoosh are both trademarked. So that indicates a source, right?
    "Nike" (the word) and the "swoosh" symbol are both trademarks, and both have been registered with the U.S. Patent and Trademark Office. Both the work and symbol marks indicate the source of goods to which they are affixed.

    Keep in mind that Nike is also a Greek goddess, so there are other uses of the word that have nothing to do with the shoe and apparel company.


    Quote Quoting Katydog
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    Am I right in thinking of a trademark being like an umbrella covering a family?
    I've never heard anything like that, but maybe. You'd have to explain your reasoning for anyone to comment intelligently.


    Quote Quoting Katydog
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    if NIKE had one shoe called Cool Colleen Trainer. Is that name trademarkable?
    No (for the reason explained above), but that name could be a trademark and could be registered as such.

    Quote Quoting PayrolGuy
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    Once Cool Colleen Trainer is used in trade it can be a trademarked phrase.
    It is not necessary for the mark actually to be used in commerce for trademark rights to exist.

    Quote Quoting Katydog
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    Next question, let's say there's three types of shoe laces you can buy with the Cool Colleen Trainer 1) the Razzle Dazzle, 2) the Pretty Pinky Pink, and 3) the Plain Jane.
    They do not market these shoe laces they just offer them for sale (and there is no registered trademark using these names). Are these names being used as a trademark? And can they be claimed as a common law trademark?
    First, I'm not sure who "they" are. Second, "common law trademark" is a term typically used to describe a trademark before it has been federally registered. It otherwise has no real difference from any other trademark. If a word or phrase is used in commerce to describe a particular product, then it is being used as a trademark, and the person using it as such may have legal rights in it.

  5. #5
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    Default Re: Trying to Understand What is Trademarkable

    I don't think I or the link you provided agree with that. It isn't necessary to use it in commerce to apply but you are going to have to prove use in commerce at some point.

  6. #6
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    Default Re: Trying to Understand What is Trademarkable

    Okay, this is what I'm having a hard time understanding.

    When I asked: if NIKE had one shoe called Cool Colleen Trainer. Is that name trademarkable?

    You said: "No (for the reason explained above), but that name could be a trademark and could be registered as such."

    This is exactly what I'm having a hard time understanding. You say "no (for the reason explained above)". What reason? Is it because it doesn't indicate the source?

  7. #7
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    Default Re: Trying to Understand What is Trademarkable

    There is no reason NIKE couldn't register a trademark on "Cool Colleen Trainer". You didn't read pg1067's entire response. After he wrote what you quoted he wrote, "...but that name could be a trademark and could be registered as such."

    Do try to read the complete sentence if you want to understand something.

  8. #8
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    Default Re: Trying to Understand What is Trademarkable

    I thought he meant that it wasn’t trademarkable as it was, but it could be (depending on how it’s used) since (and I’m assuming) the name is suggestive.

    Or, does he mean that the word “trademarkable” is not a valid because I’m using it as a verb?

    Maybe I should ask, is NIKE (in my hypothetical case) using “Cool Colleen Trainer” as a trademark?

  9. #9
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    Default Re: Trying to Understand What is Trademarkable

    Trademarkable isn't a word with any legal meaning.

    And yes you should have asked the question you wanted an answer to in the first place. The answer would have been, not that I can find but I'm not an expert on searching trademarks. But here is the link to do it. http://tmsearch.uspto.gov/bin/gate.e...803:i1xgi2.1.1

    It might also be good in the future to tell us why you are asking, because that may change in what way we answer.

  10. #10
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    Default Re: Trying to Understand What is Trademarkable

    I don't know enough to ask the right question. I'm basically feeling my way around to try and formulate the question.

    I'll try and explain why I'm asking without directly relating it to my case, so I will continue to use my similar NIKE situation.
    My attorney has explained to me that "Cool Colleen Trainers" is not a trademark (or it's not being used as a trademark by NIKE).
    I have a registered trademark "Cool Colleen Trainers" and use it for something similar as NIKE, but it's not one shoe; it's a shoe, socks, and an exercise manual. My URL is "coolclolleentrainers.com", and my website has the name prominently at the top. My attorney said that I am using "Cool Colleen Trainers" as a trademark. So I don't have to worry about infringing on NIKE (note that they did use the name first).

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