Okay, so I thought I had accomplished something by snagging a registration for the concept at the heart of trademark protection — why, LIKELIHOOD OF CONFUSION® of course!
Now, of course, we all know that the “TM” symbol does not indicate the existence of a trademark registration under U.S. law. Rather it is a unilateral assertion of trademark rights.
Well, so? Can a design studio earn trademark rights — and perhaps eventually a registration — for the name TRADEMARK?
Why not? It would have been neater if the graphic artist’s name had been, you know, Mark. But Tim’s a nice name too, and TRADETIM might not have had such a great ring to it. Anyway, I see no reason this couldn’t function as a trademark. Is there something in all the small print that says it can’t? If you’re one of those small-print readers, let me know. Doctrinally speaking, however, it looks pretty solid to me: On the generic-descriptive-suggestive-arbitrary-fanciful continuum, I vote no more than suggestive and perhaps even arbitrary.
Hat tip to a very cool blog about graphic design called Grain Edit.
Originally posted 2011-02-13 19:15:18. Republished by Blog Post Promoter