Can I trademark a word that we have given to a technology?

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Can I trademark a word that we have given to a technology?

We own a clothing company and our factory uses a Hydrophobic coating on the
clothing to repel water. Quiksilver uses a similar coating and calls it
DryFlightTM. Is there a way to trademark our own name for our technology? We
also have a slogan, can we trademark that even though our specimen is
ornamental? It is not our company name so therefore the slogan would only be
used on t-shirts and social media.

Asked on April 12, 2019 under Business Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the word is not already being used as a trademark, is not descriptive or generic (e.g. "Hydrophobic Coating"--you can't trademark the normal terms that more or less anyone would use for something), and if you actually use it in marketing or commerce, then yes, you should be able to trademark it the way the other company trademarks their product name. There is nothing inherently not trademarkable about what you describe: the words just needs to meet the criteria for trademark. If you deem it possibly worth trademarking, its worth hiring an intellectual property attorney to confirm that you can trademark it then help you do so. In the meantime, here is a link to a U.S. Patent Trademark Office (PTO) website with some usual information about the trademark process: https://www.uspto.gov/trademarks-getting-started/trademark-basics


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