Maurice N RossNew York Intellectual Property Law Attorney
Posted over 13 years ago.
Frank. I agree that you cannot trademark generic or highly descriptive marks such as "Phone Cards". But the phrase "direct phone cards" is clearly not generic, nor is it highly descriptive. Indeed, the use of the word "direct" takes this into the realm of a fanciful trademark. Certainly if there is even a little secondary meaning in the eyes of the public, company A would have a viable trademark case against company B (I am not commenting on the economic viability or the practical economic considerations---just the legal ones).
Maurice N Ross New York Intellectual Property Law Attorney
Posted over 13 years ago.
Frank. I agree that you cannot trademark generic or highly descriptive marks such as "Phone Cards". But the phrase "direct phone cards" is clearly not generic, nor is it highly descriptive. Indeed, the use of the word "direct" takes this into the realm of a fanciful trademark. Certainly if there is even a little secondary meaning in the eyes of the public, company A would have a viable trademark case against company B (I am not commenting on the economic viability or the practical economic considerations---just the legal ones).