Legal Question in Intellectual Property in Georgia
Federal Trademarks in Nutritional Supplement Industry
I notice that there are several trademarks and applications utilizing common nomenclature such as liver, kidney, brain, etc. with some descriptive noun often times attached like shield, life, etc.
How are these viewed by the PTO and trademark authority? There are so many of them that it is difficult to determine which could cause potential problems.
Thank you.
1 Answer from Attorneys
Re: Federal Trademarks in Nutritional Supplement Industry
Generally, generic industry words such as, "liver," "kidney," etc. are not protected marks. Of course, if they are used in an industry unrelated to medicine, then they might be protected. E.g. "Liver Heating and Air."
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