TRADEMARKS: CAN I DO THE FOLLOWING?

[blaisdell]

Hi there, here is my situation, a company has registered the phrase "HONEY WHEAT GRASS" on the supplemental register due to it being entirely descriptive in nature ie it does not describe the source of the product, only what the product literally is . Can I file a trademark as follows: "CAPTIVATE's ALL NATURAL HONEY WHEAT GRASS" disclaiming "we disclaim any exclusive use of the words ; all natural, honey, wheat, grass." Captivate is the brand and describes the source of the product and "honey wheat grass" merely describes what the product is. Will this work? Thanks!

[brenn15]

Yea, that should be ok. It's an odd area and you want to avoid litigation so it might be best to keep very safe. Or set everything up in the name of a Limited Company. If they sue then the company goes down and not you....... But check all this stuff.