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Question

We have applied for a trademark 'vita-blender' and now 'vita-mix' company filed an opposition against us. We argue that the 'vita' is a generic word, like 'cola' in coca-cola v. pepsi-cola. Is there any chance for us to win this case? Thanks.

Submitted: 193 days and 21 hours ago.
Category: Intellectual Property Law
Value: $15
Status: CLOSED
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Posted by Kumar Paturi Esq 193 days and 20 hours ago.

Answer

VITA- AS A GENERIC TERM IS DIFFICULT, YOU WOULD HAVE TO PROVE THAT THE WORD IS NOW are the accepted and recognized description of a class of goods or services (e.g., computer software, facial tissue).

Your best bet maybe try to distinguish the trademark by adding colors, symbols or make it one word.

193 days and 20 hours ago.

Reply

Thanks.

but why both coca-cola and pepsi-cola are ok with 'cola'? do you think we have a chance to win?

Posted by Kumar Paturi Esq 193 days and 20 hours ago.

Answer

coke-cola trademarked it in 1893 i suppose the popularity of the word cola, as meaning soda through the years made it generic.

for vita you would have to show that numerous products have used this word for you similar products. And it is customary term for the product

193 days and 20 hours ago.

Reply

what is the percentage, do YOU think, for us to win this case? we are thinking if it is necessary to continue or not. thanks.

Accepted Answer

i cannot give a percentage but if you do not have the evidence to prove, it would be highly unlikely and a long time for decision.

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Expert: Kumar Paturi Esq
Pos. Feedback: 100.0 %
Accepts: 
Answered: 5/13/2009

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10 years intellectual property exp

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