Why you should always check to see if your business name can be trademarked. As Seen On TV edition

Submitted by Kevin Hoda on May 13, 2015   Information Tags: , , ,
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Following up on my other post, on how the Portland band “The Slants” cannot get a trademark from the Federal Government because of their race, there is a company called “As Seen On TV” that cannot get a trademark either. But unlike the Slants, this is because of basic trademark law. The company cannot get a trademark because their name is to generic and has been used since TVs first came out.

We all know the company. Their commercials usually appear late at night featuring some new products that you should buy. The company does not make any, it usually just markets and sells other peoples inventions. They are publicly traded on the stock market, so we can see their earnings over the years. And yes, you guessed it, the company is losing money each year. Why? Well as the internet becomes faster and more people use it, the market for goods also expands. But that is just one problem the company has. A lot of companies are losing money because they are not adopting to the internet.

“As seen on TV” is in the public domain and you can use it yourself:

The biggest mistake the company made was its name. It cannot be trademarked. There name is great for a business name, but as stated before, it is to generic to be trademarked. Same goes for the red logo, as companies have used that long before them.  Read More

Why you should always check to see if your business name can be trademarked. The Slants edition

Submitted by Kevin Hoda on April 22, 2015   Information Tags: , , , ,
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The U.S. Court of Appeals has turned down the trademark request from Portland band “The Slants” . If you are not following the story, basically the band has been trying to get their name trademarked for the past six years, and has been denied each time. The Trademark Office is not allowing the name to be trademarked because it is deemed offensive to Asians. So much for the land of the free. The band is in a tough position. They have stated that when they go on tour, sellers will sell fake tickets with their name, as there is nothing protecting their band’s name.

The band is not giving up though. And I encourage them not too. They need to take this case to the US Supreme Court. As I have posted before, the US Government is not upholding the first amendment. They are actively trying to remove a already approved trademark from the Washington Redskins because someone was offended.  Many media companies  and popular journalist have said in public that the attack on free speech and free press in unprecedented under the current administrationRead More