Generics and Trademarks

[FC Domains]

DRS results do seem to be leaning towards awarding to any compny that has a tradmark, even if it's on a generic word, phrase ,or a meaningless sequence of letters.

Seeing as it's hard to find any generic word that somebody hasn't registered as a trademark, does this call into doubt the value of generic names? (Or cap them at about £500)

 

[accelerator]

No, it just calls into question the value of any generic domain for which you don't own a trademark for. So I guess if you think a domain is particularly valuable you should try and get the trademark as well.

What I can't understand is that with the generic terms that should make valuable domains, it shouldn't in theory be possible to take out a trademark.

Rgds

Accelerator

 

[EdPhillips]

What I can't understand is that with the generic terms that should make valuable domains, it shouldn't in theory be possible to take out a trademark.

The question in trade mark terms is "generic for what"?

Polo is generic for a game with horses, but it is a pretty well known mark for sweets and cars.

Penguin is a generic bird - but does just fine as a trade mark for books and chocolate buscuits.

Amazon - you know where I am going with this.

Look at the retail.co.uk case, where the distinction between 'retail' (generic) and 'inRetail' (business name) was covered in some detail, if I remember rightly.
http://www.nominet.org.uk/digitalAssets/3396_retail.pdf

Trade mark law also recognises the concept of secondary meaning, where a word which might, on one level, be generic has developed wider meanings through use. Trade mark law also protectes "well known marks". For example, 'Dell' may well get trade mark law protection above and beyond the protection that might otherwise be given to a geographical feature.

 

[retired_member11]

The question in trade mark terms is "generic for what"?

Polo is generic for a game with horses, but it is a pretty well known mark for sweets and cars.

Penguin is a generic bird - but does just fine as a trade mark for books and chocolate buscuits.

Amazon - you know where I am going with this.

Look at the retail.co.uk case, where the distinction between 'retail' (generic) and 'inRetail' (business name) was covered in some detail, if I remember rightly.
http://www.nominet.org.uk/digitalAssets/3396_retail.pdf

Trade mark law also recognises the concept of secondary meaning, where a word which might, on one level, be generic has developed wider meanings through use. Trade mark law also protectes "well known marks". For example, 'Dell' may well get trade mark law protection above and beyond the protection that might otherwise be given to a geographical feature.

(Michael) Dell verses Paul Dell?