[E-trademarks] Logo marks & genericness

[daniel at keganlaw.com]

Judith,     Tuesday   9 April 2024

TMEP likely somewhere says in evaluating likely confusion involving a word and design mark that
sometimes the text dominates adn sometimes the design dominates. So in your case, the generic word
would likely require a disclaimer, provided the design has some distinctiveness, eg more than a
common geometric shape. If the design lacked distinctiveness, then harder to salvage the application—
unless perhaps text is CIRCLE within a Square design and some argument.

Daniel Kegan *  <daniel at keganlaw.com>
KeganLaw * Counsel to Counsel™ * <http://www.keganlaw.com>
We identify, develop, and protect intangible business assets
and counsel other professionals on legal issues.
Balanced Counsel for Smart Clients®
29 Kendal Dr
Kennett Square PA 19348-2323 USA
847=452-2599

> On Apr 9, 2024, at 1:36 AM, Judith S via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> Hi All,
> I'm having a discussion with a client about using a generic word with a logo for trademark registration, and I cannot find much addressing the distinction between word marks & logo marks for genericness determination.
> Would someone have a good article, or case citation?
> Thank you,
> Judith
> --

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