question Do you think it would be possible to trademark Crypto.com?

[Levi_charlz]

Do you think it would be possible to trademark Crypto.com?

Technically ‘Crypto’ has does not mean Cryptocurrency or Cryptocurrencies (yet....officially... as far as I’m aware) so if a Trademark was applied for and granted for ‘Crypto’ in relation to something thats not actually Crypto related could people use the same word in their domain if it’s in relation to Cryptocurrency, if such a trademark was granted.

 

[bmugford]

Well, to start with there is a difference between just trademarking something and actually having an enforceable strong TM. The term is far too used now to claim exclusive use for the generic term.

Brad

 

[Levi_charlz]

Well, to start with there is a difference between just trademarking something and actually having an enforceable strong TM. The term is far too used now to claim exclusive use for the generic term.

Brad

Because it’s common slang does that mean it’s not enforceable?

 

[Levi_charlz]

I just came across this.

‘Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.’

 

[bmugford]

I just came across this.

‘Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.’

Right. For instance you could TM Crypto for a non-generic use, like a line of perfume called that.
That would be a secondary meaning.

However, because you have a secondary meaning (Amazon) for instance doesn't mean you can have exclusive use of the term for the generic use. For example if I am a tour company on the Amazon river, that is fair use. There are many companies that share the same brand in different fields, Delta for example.

Brad

 

[Levi_charlz]

Right. For instance you could TM Crypto for a non-generic use, like a line of perfume called that.
That would be a secondary meaning.

However, because you have a secondary meaning (Amazon) for instance doesn't mean you can have exclusive use of the term for the generic use. For example if I am a tour company on the Amazon river, that is fair use. There are many companies that share the same brand in different fields, Delta for example.

Brad

Thanks Brad.

Please forgive my probing, I’m just trying to work out if they have a slim, if any chance of securing it as a Cryptocurrency trademark.

If I was owner of a Cryprocurrency with deep pockets who had just recently rebranded to ‘Crypto.com’ as ‘Monaco’ have, surely they must be thinking of having a go. If they could pull it off then it would be worth throwing millions at it to secure it.

 

[address]

what about apple.com?

 

[Levi_charlz]

what about apple.com?

Exactly my point. As far as the Oxford English Dictionary is concerned, there is no reference to Cryptocurrency for the word Crypto. So to trademark it for the use of Cryptocurrency is fair game as far as I understand.