Originally posted 2014-02-21 13:48:07. Republished by Blog Post Promoter

Rocktober-logo-2009The Colorado Rockies are “trying to trademark [sic]” the expression “Rocktober.”

By Ron Coleman

LIKELIHOOD OF CONFUSION blog author Ron Coleman is a member of Dhillon Law Group in their New York City and Montclair, New Jersey offices. He is a graduate of Northwestern University School of Law and Princeton University.

9 thoughts on “Octs in their heads”
  1. Thanks for the “sic”. I sure wish journalists (and others) would get it into their heads that “trademark” isn’t a verb, and that people don’t “apply for” or “ask for” trademark rights from the government.

  2. You’re welcome, Bob. That’s been one of my “things” since I started the blog, but of course I can’t hold back the tide of legal illiteracy.

    It’s most galling when lawyers do it.

  3. I must admit that I am on “the dark side” when it comes to using “trademark” as a verb.

    I see the wisdom of your position. If you use “trademark” as a verb, meaning “to register a trademark,” you fail to acknowledge that trademark rights grow from use, not registration. It ignores the fact that you have a trademark or you do not — registration doesn’t change that fact…

    Nevertheless, as “galling” (good word!) as it is, I find myself drawn to it. I actually like it.

    I guess it is like tequila shots or making my girlfriend dress up like a cheerleader for every Patriots game… I know that many look at me and say “that boy is just plain wrong, but it feels so right.

    If “party” can be a verb, so can “trademark.”

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