Is this law school? Service mark question

[strumpetto]

Fico has a service mark on Identity Theft Security. A few questions about this,

A service mark means that they have the sole right to use these three words in this order anywhere, correct?

Is it is likely that they are going to go after domains with "identity security" in them? Identity theft is a bit too generic to claim, I would think. But, identity security is a bit vague.

Any thoughts appreciated. Thanks

 

[Ronald Regging]

I think its descriptive in nature and is being used for the service it describes, therefore it shouldn't afford exclusive rights to the company.

 

[strumpetto]

Thanks for the response.

 

[AdoptableDomains]

Fico has a service mark on Identity Theft Security.

Is this a regsitered SM or a claimed SM? It can make a big difference, as a claimed SM doesn't mean it would pass the muster with any TM office as being non-generic if actually filed.

A service mark means that they have the sole right to use these three words in this order anywhere, correct?

No, not in any order. At least not necessarily.

No, not anywhere. Only when related to the product they are claiming it with.

Personally, unless actually filed and approved, it seems pretty generic to me. However, the TM office has approved some pretty dumb TM requests, so proceed with caution.

 

[strumpetto]

How do you find out if it's claimed or registered? It's in the TESS database, so I am guessing that means it's registered.

 

[AdoptableDomains]

How do you find out if it's claimed or registered? It's in the TESS database, so I am guessing that means it's registered.

Yes, if it's an active mark in TESS that would mean it's registered. I posted that because anyone can claim a TM or SM just by putting the characters after their mark on their website or product without filing for it.