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Distinctive Mark

Patents & Trademarks Discussion Forum

Distinctive Mark

Postby Arapoosh » Sun Dec 04, 2016 1:42 pm

I am wondering if adding a city name to an item is distcint enough?  Such as Dallas diamonds?  furthermore, would Dallas Diamonds and Dallas Dimond Exchange be considered too similar?
Arapoosh
 
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Distinctive Mark

Postby Abornazine » Sun Dec 04, 2016 6:11 pm

You have to be careful of getting a merely geographically descriptive refusal.  In short, if the term you add to a possibly descriptive term is, in and of itself, descriptive of where the goods or services are supplied you will probably get refused.  For instance, if Dallas Diamonds is used in connection with retail store services featuring jewelry and diamonds in Dallas the mark would be merely geographically descriptive and be refused.  There are exceptions to this rule if it has acquired distinctiveness by 5 years use or otherwise but generally adding such a term is not going to be enough.

In regard to your second question, since exchange is probably generic or descriptive if you both do the same thing(e.g., retail store services) that would, more likely than not, be a problem.

Hope this helps.
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Distinctive Mark

Postby Frannsaidh » Tue Dec 06, 2016 2:44 pm

I am wondering if adding a city name to an item is distcint enough?  Such as Dallas diamonds?  furthermore, would Dallas Diamonds and Dallas Dimond Exchange be considered too similar?
Frannsaidh
 
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