Legal Question in Intellectual Property in New York

Re: Trademark

Yes, but all trademark laws will apply to the mark. For example, you can trademark Triose Phosphate as it pertains to a particular class of goods or services but not if it is descriptive. Triose Phosphate TV Repair would be an acceptable trademark (if available) because the protein name has nothing to do with TV repair. If the mark was Triose Phosphate Makers and the goods created was triose phosphate you would likely by refused registration. If you'd like to discuss this further for a no charge consultation please feel free to contact me. Other qualified counsel can also be located via this website.

Re: Trademark

The short answer is YES, the long answer is it depends on what youre using it for. Feel free to contact my office for further discussion on this matter. 2127098303

Re: Trademark

Steven Mark is right.

That is, the common name of a protein could be adopted and used as a trademark for something else, but not as a trademark for the protein itself as a product.

Thus one who isolates casein from milk would not be entitled to the exclusive right to the term CASEIN as a brand name for the isolated protein sold as a product.

That's why it's typical for drug companies to adopt a generic term for a particular drug and a somewhat different term as the company's trademark for the drug.

As the editor-in-chief of Biotechnology Law Report, I am familiar with how various companies deal with similar situations.

Re: Trademark

You have two good answers already, to which I'd add the following: the critical factor in determining how the trademark examiners will treat an application from you is the way that you use the name of the protein.

Using Gerry Elman's example, if you were trying to trademark CASEIN, if it were CASEIN brand sausages or chainsaws, no problem, easy registration. But each use would have to be examined individually...and your application would have to be very carefully drafted.

As a regular practitioner at the US Patent and Trademark Office, your registration is squarely in the line of what I do on a daily basis...and I do trademark registrations for a flat fee. Please feel free to get in touch.