I’d like to know if it is legal to trademark a logo with a title that closely relates to a common product?

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I’d like to know if it is legal to trademark a logo with a title that closely relates to a common product?

For example, if I am selling carrot juice can I simply have the word “carrot” as the title of the logo or “coconut” for coconut juice? The logo itself would be unique in terms of design, font, illustrations etc.

Asked on February 15, 2013 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may have a common or descriptive word as part of the trademark, but doing so weakens the mark. You will only be able to trademark the mark as a whole, including, as you note, design, font, illustrations, etc., and will not be able to have a trademark  just in the words. Because the mark  will be more  narrowly drawn in that sense, it will be easier for someone else to come up with a similar--but not identical--mark, differentiating it only by some typographic  or design elements.


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