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Friday, September 15, 2006
Misspelled words as trademarks
By Clint Fabiosa & Andrew Ong
I protect
Are there any limitations to using misspelled words as trademarks?
There are several trademarks, which are obvious misspellings of certain words that have been allowed registration. Simple words tend to become catchy and unique to consumers when intentionally misspelled in a certain way.
However, there are limitations to the scheme of adopting misspelled words as trademarks. Misspelled words that retain their generic or descriptive character when used as marks for products cannot be registered. They are still generic or descriptive even if misspelled.
Thus, if the mark is not an obvious misspelling of generic words or words that tend to be descriptive of the product, the mark may be allowed registration. For example, the trademarks “Axion” and “Cleene” are not obvious misspellings of the words “action” and “clean,” and were registered.
Meanwhile, the mark “Glue Stik” was held to be a generic misspelling of “glue stick” for adhesive in stick form, and the mark “Ice Pak” was found to be a generic name for a reusable ice substitute for cooling food and beverage in containers.
For Bisaya stories from Cebu. Click here. (September 15, 2006 issue)
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