3 ms·

"Encrypt" on its own is generic but the "<Imperative-Verb> Encrypt" form of it doesn't sound generic enough to me. Trademarks don't have to be original to be tr

by jordigh 10y ago

"Encrypt" on its own is generic but the "<Imperative-Verb> Encrypt" form of it doesn't sound generic enough to me. Trademarks don't have to be original to be trademarkable, just not cause confusion. I can see people getting confused by "start encrypt" vs "let's encrypt". There could be a case for trademark confusion there. > Nevertheless, you can't trademark "<Adjective> Pizza" Yep, you totally can. Again, because originality has got nothing to do with trademarks: Hot Pizza: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:i80nla.2.40 http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:i80... Scratch Pizza: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:i80nla.2.36 http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:i80... Match Pizza: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:i80nla.2.21 http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:i80... Anytime Pizza: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:i80nla.2.1 http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:i80...

sokoloff 10y ago
Absolutely correct that you can trademark those phrases. I thought one thing and typed completely another. My mistake. What I meant is that you can't use your trademark on "<Adjective> Pizza" to exclude anyone else from registering "<Different Adjective> Pizza" and competing with you [edit: under that mark].
- jordigh 10y ago
  Depends on the adjective. If "Hot Pizza" is granted (it seems to just be an application), which I doubt because that does sound really generic, then probably nobody will be granted "Warm Pizza" or "Sizzling Pizza" because that sounds similar enough to cause confusion. Likelihood of confusion is the acid test for trademark infringement: https://en.wikipedia.org/wiki/Trademark_infringement https://en.wikipedia.org/wiki/Trademark_infringement Also, preventing others from competing with you is completely irrelevant to trademarks. That's more something like what patents do. As far as trademarks go, you can compete all you want, just make sure you don't portray yourself as having the same name as your competitor.
fourthark 10y ago
"Let's encrypt" is more subjunctive than imperative, although the distinction is vague in English. "Start Encrypt" is just bad grammar AFAICT.

by jordigh 10y ago

sokoloff 10y ago

Absolutely correct that you can trademark those phrases. I thought one thing and typed completely another. My mistake. What I meant is that you can't use your trademark on "<Adjective> Pizza" to exclude anyone else from registering "<Different Adjective> Pizza" and competing with you [edit: under that mark].

jordigh 10y ago
Depends on the adjective. If "Hot Pizza" is granted (it seems to just be an application), which I doubt because that does sound really generic, then probably nobody will be granted "Warm Pizza" or "Sizzling Pizza" because that sounds similar enough to cause confusion. Likelihood of confusion is the acid test for trademark infringement: https://en.wikipedia.org/wiki/Trademark_infringement https://en.wikipedia.org/wiki/Trademark_infringement Also, preventing others from competing with you is completely irrelevant to trademarks. That's more something like what patents do. As far as trademarks go, you can compete all you want, just make sure you don't portray yourself as having the same name as your competitor.

fourthark 10y ago

"Let's encrypt" is more subjunctive than imperative, although the distinction is vague in English. "Start Encrypt" is just bad grammar AFAICT.