Labeled as question in Legal Discussion, started by koolkr, Aug 19, 2019
Whether hotel names could be considered as trademarks ?
Sure they can. Either as a made up term or term that acquired a secondary meaning via usage.
Even the smaller 2-3 star ones ?
Did not mean the top 5 star hotels
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.
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 ?
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
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?
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.
Separate names with a comma.