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socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 37818
Experience:  Retired (mostly)
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Is the term/word rosé registered or could I make a Tea ros

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Is the term/word rosé registered or could I make a Tea rosé?
Submitted: 3 years ago.
Category: Intellectual Property Law
Expert:  socrateaser replied 3 years ago.

The term "rosé" is "generic," which means that it is not capable of trademark registration, unless it is used in a manner that transforms it into an "arbitrary" name.

Example: Apple is generic, but Apple Computers is arbitrary, and thus may be trademarked.

Your proposed "tea rosé" is also generic, because both terms are generic and combined they do not indicate any arbitrary use. However, if you have a use that makes it arbitrary, for example, as a brand of perfume (which was actually registered in 1980, but which was abandoned by the manufacturer).

So, the answer here is "yes," you can register your mark, as long as you use it with some product which has no relationship to the two terms. In other words, you can't sell tea, or wine or roses.

Hope this helps.

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