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Thomas Swartz
Thomas Swartz, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 2998
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Can you trademark "best of"? : If there is already

Customer Question

Can you trademark "best of"?
For example: If there is already and event called "Best of Frisco", can Frisco Magazine give out an award for "Best of Frisco Magazine"
Submitted: 5 months ago.
Category: Intellectual Property Law
Expert:  Thomas Swartz replied 5 months ago.
Hello JACUSTOMER,Generally, merely descriptive or generic terms cannot be trademarked. Descriptive terms are terms with a dictionary meaning which are used in connection with products or services directly related to that meaning. "Best of" would fall within this idea.Generic terms are words commonly used to describe an entire type of product or service rather than to distinguish one product or service from another. 'Best of" does not in any way distinguish one product or service from another. Rather it really just describes an entire type. So, it is my opinion that the simple descriptive and generic phrase "best of" cannot be trademark.Now the question becomes whether by adding "Frisco" you can trademark something like "Best of Frisco." I do not believe so. Just as with the simple phrase "best of," Best of Frisco is merely descriptive of something directly related to its meaning, and it is does not distinguish a particular product or service. It just describes a general type.So, I do not believe that "Best of Frisco" would be entitled to any trademark protection. I actually checked the U.S. Trademark Office's Trademark Database, and I find no trademark registration for "Best of Frisco."This being the case, I would see no problem with Frisco Magazine using the phrase "Best of Frisco Magazine" to give out an award.I hope this answers your question.Thomas
Expert:  Thomas Swartz replied 5 months ago.
Hello JACUSTOMER,Is there anything else I can answer with regard to your question.Thomas

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