Q: Is "Newport Wellness" registrable as a service mark? geographically descriptive + generic term for the services.
I don't think it is, but I'm looking for other opinions.
Per USPTO, Generic words cannot qualify as “marks” in the legal sense and are never registrable or enforceable against third parties. Because generic words are the common, everyday name for goods and services and everyone has the right to use such terms to refer to their goods and services, they are not protectable. The USPTO will also refuse registration of a proposed mark for being geographically descriptive of the origin of the services.
A: Speak with a trademark attorney. They will explain the impact of the disclaimer to the plain words, the limitation, of the category of trade for which one might register, and other options you may consider to give you more than "thin protection" . They will also explain the national/federal protections afforded by the USPTO protections should you endeavor to expand. The first place to start may be at the RI Secretary of State's office/website to ensure no one else is already using the name you desire in State.
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