Can geographic names be trademarked?

Can geographic names be trademarked?

The U.S. Trademark Act provides that geographic names or signs–which otherwise would be considered primarily geographically descriptive and therefore unregistrable as trademarks or collective marks without a showing of acquired distinctiveness in the United States–can be registered as certification marks.

Can a geographical name be trademarked in India?

1 submitted that a geographical name cannot be registered as a trademark. In support of his submission, learned senior counsel referred to the judgment of a division bench of the Calcutta High Court in Imperial Tobacco Co. of India Ltd.

Can you trademark a name with a symbol?

To trademark a symbol: You must use the symbol to identify your goods and services, such as using the symbol in your company logo. You cannot trademark a symbol that you only use for personal purposes or that you use only as part of an item that you sell, such as a symbol printed on a t-shirt.

Can place names be copyrighted?

In general no, they cannot be trademarked because they are descriptive of a geographical feature.

What trademark means?

A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. • A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.

Are patent rights geography specific?

Patents are granted by national or regional patent offices. A given patent is therefore only useful for protecting an invention in the country in which that patent is granted. In other words, patent law is territorial in nature.

What names Cannot be trademarked?

What Can’t Be Trademarked?

• Proper names or likenesses without consent from the person.
• Generic terms, phrases, or the like.
• Government symbols or insignia.
• Vulgar or disparaging words or phrases.
• The likeness of a U.S. President, former or current.
• Immoral, deceptive, or scandalous words or symbols.
• Sounds or short motifs.

Which types of trademarks Cannot be used?

Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Do I really need to trademark my logo?

Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

What is the cheapest way to trademark?

The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.

Can you put a city name on a shirt?

Generally, you are free to use city and state names. However, it is possible for a city name to also be a trademark for a product such as clothing or mugs.

What are the 3 types of trademarks?

There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.

Why are geographical indications the same as trademarks?

Geographical indications serve the same functions as trademarks, because like trademarks they are: 1 source-identifiers, 2 guarantees of quality, and 3 valuable business interests.

Can a place name be used for a trademark?

You can register a trademark on a geographical location. And there can be good reasons for choosing a place name as part of your trademark: it may suggest a quality associated with that place, or suggest an emotion or activity you want associated with your trademark.

When do you need to trademark a logo?

Trademark rights for a logo begin as soon as you start using the logo. However, this type of protection, known as common law trademark rights, is difficult to enforce and specific to your immediate geographic area. For this reason, you may want to register your trademark through the United States Patent and Trademark Office (USPTO).

Is the USPTO responsible for protecting geographical indications?

GIs can be viewed as a geographic subset of trademarks serving the same function as trademarks. They are source identifiers (geographic source of production); measures of quality; and can be valuable business interests. The USPTO is an intellectual property agency responsible for protecting GIs.