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Trademark

Business Law discussions

Trademark

Postby sylvester37 » Wed May 07, 2014 7:48 am

Can someone trademark a commonly used word? More specifically, can someone trademark the word, catalyst, and keep everyone on the Internet from using it in the titles of their business and courses? Thank you for your help.
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Trademark

Postby Herman » Wed May 21, 2014 12:07 am

Thank you! A distant colleague told me not to use Catalyst because she trademarked it. Today she sent me this:Here's the description of services from my federal trademark application:"Personal coaching services for individuals and groups in the fields of personal and professional growth and development, fitness and exercise, and weight loss and management; educational services, namely conducting classes, seminars, workshops, conferences and lectures, all in the fields of personal and professional growth and development, fitness and exercise, and weight loss and management, and providing printed materials and newsletters in connection therewith (Class 41)."I already changed the name of the free program that I called The Catalyst, so for this situation, it's now a moot point. However, any enlightenment about the reach of this would be helpful, so I better know how to protect myself. I live in Oregon, and my service area is international, by the way. I thank you again. You are an answer to a prayer.
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Trademark

Postby LaKyle » Sat Jun 14, 2014 5:33 am

"Can somebody brand a commonly applied word?"Certain, actually notice of "Wave"?"More particularly, may somebody brand the word, driver, and maintain everybody on the web from utilizing it within the games of the company and programs?"Whilst The instance I offered above must demonstrate, it's possible to obtain brand rights in a generally- (or uncommonly-) utilized word, but that does not take away the word in the earth's lexicon. We still discuss high tides and low tides and pay attention to "The Wave is Large" by Blondie. Proctor & Risk cannot avoid that using its brand for "Wave" for washing soap. Nevertheless, it might avoid somebody from advertising "Wave" kitchen table solution. From the same symbol, I really could market "Driver" washing soap and get brand rights within the term "catalyst," but that willn't avoid anybody from referring to Kirk Gibson being the catalyst of the 1988 Dodgers or some chemical being the catalyst of the specific substance reaction.As significantly as two companies that make use of the term "catalyst," extra information would be had a need to evaluate competing rights. There are many facets that get into a trademark violation analysis.
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