On My Mind Blog

Tempting as it may be to adopt a trademark that is the common name for your product, that may not be the best idea because you cannot prevent others from using a word, or a combination of words, that consumers regard as a product name rather than as an indicator of its source.

The Swiss watch maker Wenger S.A. showed how close to the line you can come and still have protectable rights.  It sought to register SWISS MILITARY, which it had used since 1989, as its trademark for “watches of Swiss origin.”