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JD 1992
JD 1992, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 32373
Experience:  18 years experience
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I need to know if the term "crowdfunding pledge" to

Customer Question

I need to know if the term "crowdfunding pledge" to descriptive to get a trademark?
Submitted: 5 months ago.
Category: Intellectual Property Law
Expert:  JD 1992 replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I think it is in general use and is too general to get it trademarked at this point. You can certainly apply and see if they approve it but I personally wouldn't invest the money in it because I think the chances of it getting approved are too low.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Expert:  Alex Reese replied 5 months ago.
it definitely is
Customer: replied 5 months ago.
Can it be approved on a supplemental registry?
Expert:  JD 1992 replied 5 months ago.

I wouldn't think so for the same reason. The supplemental registration would still require that the trademark has "acquired distinctiveness". It would be more likely to meet that requirement but still unlikely.

Customer: replied 5 months ago.
I did a trademark search and there are many trademarks with the term "The Pledge" or some other word before pledge. So I was wondering since there is no filing for the term crowdfunding pledge whether it could still be approved on supplemental and once we establish use over a long period of time get moved to the principal register.
Expert:  JD 1992 replied 5 months ago.

It's possible that they will approve it. I've seen them approve things no one thought they would approve and then not approve things we all thought would get approved.

It's not terribly expensive to try, you can fill out the forms yourself or get www.legalzoom.com to file out the forms and then you file them with the filing fee. Crowdfunding and crowdsourcing are new enough that it may get approved.

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