Wayne Parham Messages: 18791 Registered: January 2001
Illuminati (33rd Degree)
There is a part of trademark law that deals with this specifically. The distinguishing feature of a trademark is its use to identify a product or service. So you can trademark a word or phrase but it has to be used for identity, not as a generic term. If its use becomes generic, the trademark is no longer valid. But on the other hand words like "poison" (the harmful substance) and "Poison" (the rock band) are seen as different, as is "monster" (like Frankenstein) and "Monster Cable" (the wire) and "Monster Garage" (the television show). Each of these is separate. Add to this the fact that you can have the same trademark in separate classes and the list becomes even greater. Two separate owners can legally claim the same trademark in two separate classes. For example, you can have a "Venture" soap and a "Venture" software package, both having valid trademarks, because they would never be confused with one another.
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