Are all words, phrases and symbols entitled to trademark registration?
No. Distinctive terms may be registered but descriptive terms are generally not afforded the same protection. Words and phrases that are neither distinctive nor distinguishable, and describe instead an entire line of products or services, are generic terms and are not entitled to registration. Common examples of generic terms are “cream”, “lotion”, “cola”, and “fast food.” 11/15/2010 Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association. This article was prepared by Rebecca M. Gerson, a Youngstown attorney whose practice focuses on corporate, construction and trademark law.
