Why Can't We Register Vita-Blender?

[vita-blender]

We applied for registration of 'vita-blender' last year. Now vita-mix has filed an opposition to our registration.

We think 'vita' here is a generic word like 'cola'. We can register vita-blender if coca cola v. pepsi cola has been going fine.

Please give us some tips on how we can win them. We are a small company at an earlier stage and don't have enough fund to hire an lawyer. We have to defend ourselves.

Many thanks in advance.

Mark

[LawResearcherMissy]

As I noted here:

You'll be expected to explain your rationale behind your name, provide examples of your usage prior to filing, and be able to completely differentiate yourself from the company that has filed an objection.

We can't explain the differences between your companies and products for you. Only you can do that.

[KeyWestDan]

Obviously nobody could register "vitamin" as it is an English word.

However, "vita" is a coined word which allows it to be trademarked.

Unless your product is in an entirely different class, you are going to have a real problem.

That said, you can do some research and make an argument that "vita" is a generic and a common word. That it is not registerable to any one company and you are only registering the entire mark and disclaim "vita".

Do research on patents and coined words that go into common usage and lose their trademarkability, etc. If you can come up with legal opinions, so much the better. Write a defense of your registration.