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montysimmons
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 225
Experience:  Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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Groupon is a group coupon. The site groupon offers such deals

Resolved Question:

Groupon is a group coupon. The site groupon offers such deals and they have
© 2013 Groupon, Inc. All Rights Reserved. on the bottom of there site. Can we call our group coupons, groupons on our stie?
Submitted: 12 months ago.
Category: Intellectual Property Law
Expert:  montysimmons replied 12 months ago.

montysimmons :
Copyright law does not protect names, titles, or short phrases or expressions. Even

if a name, title, or short phrase is novel or distinctive or lends itself to a play on

words, it cannot be protected by copyright.

So a copyright does not attach to the word "Groupon" (or any single word).
Expert:  montysimmons replied 12 months ago.

I ended the chat early by mistake.

 

 

Single words are protected by Trademark Law.

 

"GROUPON" is a registered Trademark owned by Groupon, INc.

 

Class of Goods

IC 035. US 100 101 102. G & S: Promoting the goods and services of others by providing a website featuring coupons, rebates, price-comparison information, product reviews, links to the retail websites of others, and discount information. FIRST USE: 20081130. FIRST USE IN COMMERCE: 20081130

 

 

So you would not be allowed to use the word "GROUPON" for promoting goods and services of others via coupons, rebates, etc.

 

 

 

 

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Expert:  montysimmons replied 12 months ago.

I ended the chat early by mistake.

 

I wish to verify you have read the additional information below as it is important.

 

Single words are protected by Trademark Law.

 

"GROUPON" is a registered Trademark owned by Groupon, INc.

 

 

Registration Number :4222645

 

 

Class of Goods

IC 035. US 100 101 102. G & S: Promoting the goods and services of others by providing a website featuring coupons, rebates, price-comparison information, product reviews, links to the retail websites of others, and discount information.

 

FIRST USE IN COMMERCE: 20081130 (November 30, 2008)

 

Thus, one would not be allowed to use the word "GROUPON" for promoting goods and services of others via coupons, rebates, etc.

Unless, one can prove they used the word "GROUPON" in commerce for promoting goods and services via coupons prior to November 30, 2008.

 

 

Customer: replied 12 months ago.

what is the best way to get a trademark, do you need to do a seach, before applying

Expert:  replied 12 months ago.

One is not required to do a search but it would be very unwise to file a trademark application without searching the trademark database.

 

Here is a link to the USPTO website: http://www.uspto.gov/

 

Click on "Trademarks" (to the middle right);

Then Click on "TESS Search Trademarks"

Try "Basic Word Mark Search" first and enter the word or phrase you wish to trademark.

 

Best way to get a trademark :

 

Think of a word that has nothing to do with your product; i.e. an arbitrary word

 

Example: Apple as a mark for Computers (Apples have nothing to do with computers)

 

The closer your desired mark gets to the name of the actual product or surface the more unlikely the USPTO will approve the Mark.

 

Example: "Computer" for "Computers" No way one gets that mark.

 

Whatever mark you wish to use search it on the internet and the USPTO database.

 

If you find nothing you can then approach a trademark service company for help in filing an application.

 

Also note that such trademark service company can do the searches for you; such simply costs more.

 

 

montysimmons, Patent Prosecutor
Satisfied Customers: 225
Experience: Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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