Trademark Musings

Thoughts on trademark issues by Laura Winston

Timeshare Musings, or Using TRADEMARK as a Trademark

Like all of us, I get a lot of mail from companies trying to sell me stuff.  (Even in this day and age, people still like to send slick, glossy postcards and brochures through the snail mail.)   As a trademark lawyer, I get mail from various service providers related to, you guessed it, trademarks.  Trademark management, trademark searching, trademark investigations, trademark transfers.  So when I was sorting through the mail, and I saw mail from a company called TrademarkTransfers, I thought “here’s another licensing or domain name purchasing company.  Turns out that TrademarkTransfers is a company that helps timeshare owners unload their timeshares.  (That’s another category of mail I’ve been getting, since the downturn in the economy.  But we love our timeshare and we’re not giving it up.)

Using TRADEMARK as a brand name is an interesting marketing idea.  And since most people are not in the trademark biz, most people would not have the initial-interest confusion that I had when I first looked at the card.  So they probably would not face a “deceptively misdescriptive” refusal if they were to try to register it (which they have not).

October 1, 2010 - Posted by | Uncategorized | , , ,

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