Using Geographic Name as Brand Name?

[Vincent_Vega]

Hey there,

so after lurking around and not being able to post anything because I had no account, I finally made one and need your advice now.

I'm on my way to brand, import and sell a product and searched for a brand name. Somehow, the result was the name of an island. The product or brand isn't connected to this island and the brand name on the product would only be the name of the island without any additions.

Will this cause any problems for me in the future? Will I be able to trademark?

Hope some of you are to able to give me some advice.

Have a great day,
V

 

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[David Young]

You should be able to trade mark the name providing it is unique to the market/ product area and satisfies the other requirement of a trademark. Look at the nation trademark or patent office for guidelines. However, if there is any chance that the brand would over lap with a similar brand name in another market then you could be in trouble. An example of this is Apple. Many of the Beatles original records were recorded under the Apple record label- nothing to do with Steve jobs et al. When Apple (the computer company) started the trademark was granted for techie stuff- not music. Therefore when Apple got into music through ITunes and the ipod there was conflict - two brands with the same name in the same market. One thing that might stop you using a geographical name is if the area has any protected status. For example there are some place name in Europe that can not be used on food stuff unless the food stuff originates in that area- Champagne for example must be made in the Champagne region of France. similarly if the area name has become a generic name for something else then it would be hard to trademark. the long and short of it is yes you can, but there are restrictions that you need to be aware of.
ps- this it no professional advice but I have has some experience in trademark and patent management.

 

[Vincent_Vega]

Thank you very much for your answer @David Young

So as long as I'm the only person selling this product under this brand name, it's ok?
I looked into a trademark directory and no one has the same name in my niche except a college which sells stuff under "brand name college". One of the products is similar to mine. Will this be a problem?

Does it make a difference if I just trademark the name+logo? Do I have to trademark both seperately?

 

[David Young]

Generally yes, one brand name one niche and you are ok, though there are inevitably exceptions depending where in the world you are. When you apply you normally specify the Class- the market segment it applies to. You can have the same product as someone else, thats not a problem. The key is that the value of your brand can stand on it own merit, does not draw on the credibility of another brand or cause confusion- your brand and product can clearly be distinguished. You don't have to trademark the logo and wording - though only the trademarked bit will be protected.


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[kingspoint.club]

In my profession brand names are a new concept or what is referred to as dba (doing business as) or a regional locator. Typically a dentist's business is a corporation made up of the person's professional name. Some states I believe like WVa do not allow fictions names to serve as a business. Personally, I use a dba that has been registered by the U.S. Patent and Trademark along with the logo because it is that good. In my opinion you want to make a name recognizable as a brand which means make it unique and simple. Names conjurer up mental images so makes sure it is congruent with what you want the effect to be. I would also do the culture check which is what I call, what does this mean to people in other countries of say in 5 languages. I am unsure about the ability to enforce my name, logo and brand aboard because I receive letters from Slovakia, Hungry and Czeck Republic claiming that they are the world authority if I pay them $2,500. I am a skeptic. I am open to anyone's thoughts you have experience aboard...

 

[David Young]

You also get the charlatons pretending to be the official body. The key agreement as far as i am aware is the Madrid Agreement/protocol. Basically a load of countries agreed to respect and enforce marks registered in each others countries. However, you still need to be able to fund any legal challenge.


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[Vincent_Vega]

So the main point is not choosing my logo or brand name trying to profit from the good image or credibility of the brand which is similar to my one?

 

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[David Young]

If I understand you correctly, yes the brand can't be designed to encroach on another brand and therefore potential profit from that brands reputation.

 

[Vincent_Vega]

Ok, great. Thanks for your help. I really appreciate it.

 

[petertanguay]

Hey there,

so after lurking around and not being able to post anything because I had no account, I finally made one and need your advice now.

I'm on my way to brand, import and sell a product and searched for a brand name. Somehow, the result was the name of an island. The product or brand isn't connected to this island and the brand name on the product would only be the name of the island without any additions.

Will this cause any problems for me in the future? Will I be able to trademark?

Hope some of you are to able to give me some advice.

Have a great day,
V

My advice is that the first step you should take is ti registered your trademark for your new brand. You don't have to worry about it. There are so many sites which will tell you whether or not you will be able to registered that name for your brand without an attorney person. Just make sure that someone else is not using the same trademark for the same product or services. You can use créer sa marque for a quick process.

 

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