NameSilo

Hotel Names - whether trademark ?

Labeled as question in Legal Discussion started by koolkr, Aug 19, 2019.

Replies:
7
Views:
427

  1. koolkr

    koolkr Established Member ★★★★★★★★★★

    Posts:
    14
    Likes Received:
    3
    Whether hotel names could be considered as trademarks ?

    Thanks
     
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. bmugford

    bmugford www.DataCube.com PRO ICA Member VIP ★★★★★★★★★★

    Posts:
    8,464
    Likes Received:
    7,931
    Sure they can. Either as a made up term or term that acquired a secondary meaning via usage.

    Brad
     
  3. koolkr

    koolkr Established Member ★★★★★★★★★★

    Posts:
    14
    Likes Received:
    3
    Even the smaller 2-3 star ones ?
    Did not mean the top 5 star hotels
     
  4. bmugford

    bmugford www.DataCube.com PRO ICA Member VIP ★★★★★★★★★★

    Posts:
    8,464
    Likes Received:
    7,931
    Almost anything can be a trademark.

    If some mom and pop hotel TM is enforceable globally is another story.

    TM law is not black and white.
    It would likely depend on the term and usage.

    Brad
     
  5. BaileyUK

    BaileyUK Top Member VIP

    Posts:
    1,025
    Likes Received:
    1,643
    That's actually a very interesting question. There are no-doubt, thousands of hotels out there with duplicate hotel names. My reasoning is that it would depend on the uniqueness of the name in question and more importantly its sphere of influence and awareness. So therefore its status becomes the defining characteristic regarding any decision by a UDRP panel. Historic usage would also play a part.

    Therefore some names would be afforded protection (Only in the relevant Hotel and catering TM classes) Whereas others may be considered as in 'Common use'

    jberryhill would no-doubt have a better definition and obviously experience in this field.

    So in answer to your specific reference to 2* and 3* hotels it's doubtful. A trademark could be registered but that doesn't necessarily mean that it is enforceable. I would have thought a hotel owner in the same locality is also going to want to avoid confusion in the first place

    side-note, Blimey a NP member for over 12 years and only your 10th post, where have you been ?
     
    Last edited: Aug 19, 2019
  6. koolkr

    koolkr Established Member ★★★★★★★★★★

    Posts:
    14
    Likes Received:
    3
    Brad[/QUOTE]
    side-note, Blimey a NP member for over 12 years and only your 10th post, where have you been ?[/QUOTE]

    Had joined when I was trying to "make it" in IM, however, not having found any major success, diverted myself with other things. Now domaining seemed the only field where I thought I would give another "try", so am here. Thanks
     
    Last edited: Aug 19, 2019
  7. Jimmysun

    Jimmysun Established Member

    Posts:
    108
    Likes Received:
    98
    I have about the same question too, recently I found some company is using 3Dprinter and 3DScanner as their trademarks meanwhile they put the TM at the top right corner, I wonder how does it work? If I have 3Dprinter.com (for example) can they claim that belongs to them? Does that mean I can register "basketball" as my trademark as well?
     
  8. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

    Posts:
    2,077
    Likes Received:
    2,949
    Bailey and Brad have it nailed.

    Are we talking about “The Bayside Inn” or are we talking about “Ned Frozzleberry’s Sleep-N-Save”?

    I would bet that in many coastal areas there are various “Bayside Inn”s because it is descriptive of an inn by a bay, and is unlikely to have a strong association with any particular one. It is descriptive of the location of an inn.

    But Frozzleberry’s place? Pretty sure he’s the only one.
     

Want to reply or ask your own question?

It only takes a minute to sign up – and it's free!
NameWorth
  1. NamePros uses cookies and similar technologies. By using this site, you are agreeing to our privacy policy, terms, and use of cookies.
    Dismiss Notice
Loading...