Legal Question in Intellectual Property in California

can you trademark a "generic" if you combine it with ".org" or "foundation"? e.g. lawguru.org or multiplemyeloma.org or multiple myeloma foundation


Asked on 9/08/11, 12:35 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I don't know about the multiple-myeloma folks, but don't mess with LawGuru.

Placing a ".org" after someone else's trade name doesn't magically make it yours, or place the name in the public domain. Otherwise there would already be some slick artist out there selling McDonalds.org hamburgers. Calling yourself a "foundation" will likely violate the law unless your entity is properly chartered and registered with the Attorney General's office as a nonprofit charitable organization.

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Answered on 9/08/11, 3:37 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

From a more fundamental trademark-law standpoint, I believe the USPTO is rather unwilling to grant trademark status to names that tack an internet address designator onto an otherwise generic term.

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Answered on 9/11/11, 9:28 pm


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