Q: May I know please whether it is legal or no?
Hi,
A Word Mark named "VIREMEDY" and a trademark named viRemedy have been cited at https://trademarks.justia.com/872/16/viremedy-87216579.html .
However, VIREMEDY has been the special name of a particular remedy from several years ago. [https://sites.google.com/site/viremedy]
For instance, everyone could simply search the Web for this word (viremedy) to find its history several years before 2016. (The scholarly papers and some subjects about Viremedy on the Web, mostly published before 2016, have been archived by WebCite too. This name has also been mentioned in the abstracts books of some international congresses, before 2016.)
Additionally, an application has "officially" been filled and submitted by the main author of the papers to get a logo, including this name, for this remedy in 2005 (or 2006) to preclude any monopoly of this word by anyone.
May I know please whether it has been legal for them to get this special word as their trademark or no?
"Thank you."
A: Well, this is a trademark question, and federal registration could be available for the specific goods in question. In approving the application, the USPTO did not deem the wording 'generic' and ineligible for registration. Nor did the TM Examiner find it 'merely descriptive'. While others could claim superior common law rights based on earlier use, those are limited geographically in scope but could form the basis of a cancellation claim. Please call or email if any of the above is of specific interest.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
