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Choosing a Trademark

Example of rejected trademark

In a previous entry trademark attorney Casey Otis spoke about the importance of businesses choosing a trademark that is capable of federal registration- ie that is not merely descriptive or generic, such as “The Coffee House” for coffee services. Another important factor is not to choose anything scandalous, illegal or immoral.

Recently a Washington State “herb” store attempted to federally register the trademark of a green cross that denotes medical marijuana dispensaries. While the “herb” that the Washington State store is legal in Washington State (and various other states) it is still illegal federally. The Trademark Office refused the application based on the unlawful use in federal commerce and has announced that such refusals would continue until it is federally legal to sell marijuana.

For businesses it is important that their trademarks be searched and vetted not only for infringing uses, merely descriptive or generic issues but also for refusals based on the baser things.

For your trademark applications and trademark disputes, contact Casey Otis at 336-723-7200

Casey is chair of the firm’s trademark department. Trademark Attorney, Beer Attorney, Brewery Attorney, Alcoholic beverage attorney


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