Confronting the Perils of Trendy Trademarks

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Trademark counsel may increasingly feel they are tilting at windmills when advising clients seeking popular sounding or trendy marks. For instance, the prefix “eco” and adjective “green” are being used in connection with services, products, ad campaigns and domain names at an ever increasing rate. The popularity of these marks presents a paradox for the trademark practitioner: Trademarks utilizing popular components are often the most difficult to protect because of distinctiveness objections or challenges, yet because they are chosen from a crowded field of similar marks, they may be likely to draw adverse third-party infringement claims. Trademark counsel may be wise to advise the client to buck the trend and select more clearly distinctive, though possibly less trendy, nomenclature.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Michael Zukewich | Attorney Advertising

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