Post by tonystrak on Jan 16, 2018 3:28:32 GMT -8
Hi,
Changing the spelling alone isn't substantial enough to make a generic word protected if the term is general. The landmark case would be Miller trademarking the word "Lite" back in the 70s. The court threw out Miller's lawsuits, finding that regardless of spelling the word is too universal to be protected.
And the reverse case, changing the spelling specifically from someone's granted trademark to claim you're different, is also not allowed. To be registered a trademark must be significantly different from existing ones, both visually and auditorily.
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Medical Explainer Video
Changing the spelling alone isn't substantial enough to make a generic word protected if the term is general. The landmark case would be Miller trademarking the word "Lite" back in the 70s. The court threw out Miller's lawsuits, finding that regardless of spelling the word is too universal to be protected.
And the reverse case, changing the spelling specifically from someone's granted trademark to claim you're different, is also not allowed. To be registered a trademark must be significantly different from existing ones, both visually and auditorily.
For More Details
Medical Explainer Video