Arlington, TX asked in Trademark for Texas

Q: Would a phrase such as "North Passage" be considered a generic term and not trade-markable?

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1 Lawyer Answer
Michael Gerity
Michael Gerity
Answered
  • Trademarks Lawyer
  • Phoenix, AZ

A: The answer to your question depends entirely upon the products and/or services that you intend to offer with the proposed trademark. Amazon is nothing more than the name of a river, but it is considered an "arbitrary" mark when used with an online retail store (with "arbitrary" meaning that the association between the word and the products is arbitrary). Arbitrary marks are highly trademarkable. Similarly, "North Passage" could be arbitrary if you use it in conjunction with the sale of, say, books, or it could be what is called "suggestive" if you were to use it with something like, say, camping gear. Either case would work. If, on the other hand, you intend to offer travel agent services for cruises going through the Northwest Passage, you may have a problem.

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