Legal Question in Intellectual Property in New York

I'd like to know if it is legal to trademark a logo with a title that closely relates to a common product.

For example; If I am selling carrot juice, can I simply have the word "carrot" as the title of the logo or "coconut" for coconut juice. The logo itself would be unique in terms of design, font, illustrations etc...

Asked on 2/14/13, 9:05 pm

2 Answers from Attorneys

John Mitchell Interaction Law

The USPTO is likely to reject it as merely descriptive. Think of it this way: If you are selling carrot juice and call it "CARROT JUICE," that just describes what it is. It can't be TM'd. But if you call a new hair care product for redheads "CARROT JUICE", then go for it.

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Answered on 2/14/13, 9:32 pm

Mr. Mitchell is correct. Either think of a unique name for your juice or it will be difficult to obtain TM protection. We have substantial experience handling these types of cases and very reasonable fees. However, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.


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Answered on 2/15/13, 11:24 am

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