Patent, TM, WIPO Differences?

[E-Thunder]

I was about to register what I thought was a very generic product domain but found a patent using the same name and also found something on the WIPO site using the same name too. It seems very generic, similar to "kitchen table" or "filing cabinet". Is this patent for the product only and not the terms or can they patent a product with such generic of terms? Just curious as I wouldn't want to register anything that would be violating a patent/TM/etc.

 

[Ronald Regging]

I was about to register what I thought was a very generic product domain but found a patent using the same name and also found something on the WIPO site using the same name too. It seems very generic, similar to "kitchen table" or "filing cabinet". Is this patent for the product only and not the terms or can they patent a product with such generic of terms? Just curious as I wouldn't want to register anything that would be violating a patent/TM/etc.

It's hard to know for sure without knowing the name. Patents are typically for products and processes, but that doesn't mean it's not trademarked. I'd say your best bet is to do a search for "product term" with quotes and see what kind of results come back. If the search results are primarily describing this product in a generic sense and not showing any real relation to the company who owns the patent, then you may have some claim for it having a generic descriptive nature. I'd also do a TM search on www.USPTO.gov. None of these methods are exhaustive in scope though and you never know when someone might sue you.

 

[E-Thunder]

Thanks for your reply Herb. My interpretation of the patent is that it's for a design of the generic product in question. There doesn't appear to be a TM on the terms. It also seems that the company which is mainly using the terms to describe this generic product are unrelated to the patent submitted. After a bit more research I think it would be fine to register but I probably won't.