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.


Asked on 7/27/07, 9:51 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business 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."

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 7/27/07, 9:57 am


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