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In a hypothetical scenario, the chief executive of Grapes.com—“the global source for all grape varieties”—has heard that the US Supreme Court recently awarded Booking.com a trademark registration for its name. After learning that the Grapes.com brand does not have US trademark registration, the CEO demands to know what you, the company's longstanding lawyer, are going to do to get that registration for Grapes.com. The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Services Intellectual Property Trademarks, Trade Dress and Copyrights Key contacts Ann G. 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Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the member firms or their controlled, managed or affiliated entities are in a partnership or are part of a global entity. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. For information on Konexo please also see the Legal Notices page of this website ATTORNEY ADVERTISING - Prior results do not guarantee a similar outcome. Unless otherwise indicated, attorneys at Eversheds Sutherland (US) LLP are not certified by the Texas Board of Legal Specialization.

Registering Generic.com Trademarks Post Booking.com

September 18, 2020

United States

This article outlines the steps toward obtaining registration on the principal register, focusing on the battle after overcoming genericness—proving descriptive marks have developed secondary meaning.

In a hypothetical scenario, the chief executive of Grapes.com—“the global source for all grape varieties”—has heard that the US Supreme Court recently awarded Booking.com a trademark registration for its name. After learning that the Grapes.com brand does not have US trademark registration, the CEO demands to know what you, the company's longstanding lawyer, are going to do to get that registration for Grapes.com.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer.

Ann G. Fort

Partner

Atlanta, United States

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Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed or affiliated firms and the members of Eversheds Sutherland (Europe) Limited and Eversheds Sutherland (Africa) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the member firms or their controlled, managed or affiliated entities are in a partnership or are part of a global entity. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. For information on Konexo please also see the Legal Notices page of this website
ATTORNEY ADVERTISING - Prior results do not guarantee a similar outcome.
Unless otherwise indicated, attorneys at Eversheds Sutherland (US) LLP are not certified by the Texas Board of Legal Specialization.

Registering Generic.com Trademarks Post Booking.com

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