Care, You Care, We All Care—Obamacare Obamacare—What started as political insider talk has now spilled over into water cooler and even dinner table conversations. While the debate over what many are calling the worst of bad ideas rages, homes and offices are being torn apart as the public takes sides. Both proponents and opponents present compelling arguments, so it may be hard even for someone with a thorough understanding of Obamacare to choose sides. But, this is America. So, standing firm on one side or another isnt always a good idea. Sometimes its better to stand in the middle or far, far away. Other times its best to forego standing at all and focus on capitalizing—even on Obamacare. Yes, while some are content watching from the debate sidelines, others have started a new game on a different track. Its the race to be first trademark game. Everyone from insurance companies to fad t-shirt designers is trying to grab the baton. Starting late last year, the United States Patent and Trademark Office (USPTO) began receiving applications for registration of trademarks using the name Obamacare. Some companies use their marks in connection helping human resource departments understand Obamacare. Other companies use the mark for entertainment purposes only. Whatever the designation, registration, while not mandatory, is a good idea. A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. 15 U.S.C. § 1127. In order for a mark to be eligible for federal trademark protection, it must be used in commerce (intent to use may suffice) and distinctive. 15 U.S.C. § 1125. A mark is distinctive if consumers are able to distinguish upon goods and services which it is used from other goods or services. Because the USPTO separates goods and services into classes (i.e. advertising, insurance, clothing, vehicles), multiple uses of Obamacare may not present a problem as long as the goods and/or services and classes are sufficiently distinct. The question of distinctiveness should be answered by a trademark attorney before the USPTO examining attorney attacks it. If you want to jump on the Obamacare trademark bandwagon or need help registering any trademark, contact us at info@smithparkergroup
Posted on: Thu, 24 Oct 2013 15:59:04 +0000
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