3 ms·

another reminder : if you're starting a brand, DO NOT simply throw together two generic words and expect to be able to hold on to your trademark. this is just

another reminder : if you're starting a brand, DO NOT simply throw together two generic words and expect to be able to hold on to your trademark. this is just silly.

jacques_chester 14y ago
Registration doesn't necessarily depend on the novelty of the mark. People register word phrases all the time.
- cygx 14y ago
  The problem with using generic terms is that the trademark doesn't trump the generic use. As you can have books about anything, and you're free to label your book accordingly (ie in a desciptive manner), trademarks on book titles are probably hard to enforce as long as the author is not actively deceptive by choice of artwork, book design etc (ask the trademark lawyer of your choice for a definitive answer). Having a book called 'The Life of Harry Potter' about an actual person with that name should be fine (this is not legal advice ;)). Having a book about a fictuous sorcerer of that name is a problem if you're not associated with JKR. At that point, copyright law might come into play as well.
dalke 14y ago
Common words like "face" and "book"? "My" and "space"? "You" and "tube"? "Fox" and "news"? "Seven" and "eleven"? "Virgin" and "records"/"atlantic"/ ... ?
- tech-no-logical 14y ago
  most of those would be equally silly if they had a space between the two words. if "my space" was a brand, would they _really_ be able to forbid me to publish a book called "my space and time" based on that trademark ? if they actually could, the world would be even sillier than previously thought. and I'd see it burn, gladly.
  - dalke 14y ago
    You can use a trademark in a book title. There's a book titled "Inside Apple: How America's Most Admired--and Secretive--Company Really Works" and another "One Click: Jeff Bezos and the Rise of Amazon.com." This is nominative use of the trademark. You can use a trademark in a title even when the book isn't about that trademarked product. There's a book titled "Amazon Warriors" which has nothing to do with Amazon. This is trademark fair use. Some trademarks create new words in order to avoid this possibility. So no, a hypothetical "My Space" could not forbid you to write a book titled "My Space and Time". There are exceptions, like if there's a reasonable likelihood of confusion. For example, the title "My Space and Time Magazine Award Winner" is almost certainly a no-no because it implies endorsement which isn't present.
- isleyaardvark 14y ago
  Those are common words used in an uncommon way. Using "space" as a prefix is a cliche in science fiction. "Spaceship", "space station". "The spacelanes have been packed with spacetraders this whole space year. The space police should send some space fighters on space patrol."
  - dalke 14y ago
    I was commenting that the g'parent poster's assertion was incorrect, and not about the term "space marine." From the NewsRadio episode "Space": "Your space pod is so cold and drafty." "Fine, I'll get a space heater." https://www.youtube.com/watch?v=8NDiBCD55-Y#t=10m40s https://www.youtube.com/watch?v=8NDiBCD55-Y#t=10m40s

another reminder : if you're starting a brand, DO NOT simply throw together two generic words and expect to be able to hold on to your trademark. this is just silly.

jacques_chester 14y ago

Registration doesn't necessarily depend on the novelty of the mark. People register word phrases all the time.

cygx 14y ago
The problem with using generic terms is that the trademark doesn't trump the generic use. As you can have books about anything, and you're free to label your book accordingly (ie in a desciptive manner), trademarks on book titles are probably hard to enforce as long as the author is not actively deceptive by choice of artwork, book design etc (ask the trademark lawyer of your choice for a definitive answer). Having a book called 'The Life of Harry Potter' about an actual person with that name should be fine (this is not legal advice ;)). Having a book about a fictuous sorcerer of that name is a problem if you're not associated with JKR. At that point, copyright law might come into play as well.

dalke 14y ago

Common words like "face" and "book"? "My" and "space"? "You" and "tube"? "Fox" and "news"? "Seven" and "eleven"? "Virgin" and "records"/"atlantic"/ ... ?

tech-no-logical 14y ago
most of those would be equally silly if they had a space between the two words. if "my space" was a brand, would they _really_ be able to forbid me to publish a book called "my space and time" based on that trademark ? if they actually could, the world would be even sillier than previously thought. and I'd see it burn, gladly.
- dalke 14y ago
  You can use a trademark in a book title. There's a book titled "Inside Apple: How America's Most Admired--and Secretive--Company Really Works" and another "One Click: Jeff Bezos and the Rise of Amazon.com." This is nominative use of the trademark. You can use a trademark in a title even when the book isn't about that trademarked product. There's a book titled "Amazon Warriors" which has nothing to do with Amazon. This is trademark fair use. Some trademarks create new words in order to avoid this possibility. So no, a hypothetical "My Space" could not forbid you to write a book titled "My Space and Time". There are exceptions, like if there's a reasonable likelihood of confusion. For example, the title "My Space and Time Magazine Award Winner" is almost certainly a no-no because it implies endorsement which isn't present.
isleyaardvark 14y ago
Those are common words used in an uncommon way. Using "space" as a prefix is a cliche in science fiction. "Spaceship", "space station". "The spacelanes have been packed with spacetraders this whole space year. The space police should send some space fighters on space patrol."
- dalke 14y ago
  I was commenting that the g'parent poster's assertion was incorrect, and not about the term "space marine." From the NewsRadio episode "Space": "Your space pod is so cold and drafty." "Fine, I'll get a space heater." https://www.youtube.com/watch?v=8NDiBCD55-Y#t=10m40s https://www.youtube.com/watch?v=8NDiBCD55-Y#t=10m40s