How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 39043
Experience:  Retired (mostly)
Type Your Intellectual Property Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Is the term/word rosé registered or could I make a Tea ros

Customer Question

Is the term/word rosé registered or could I make a Tea rosé?
Submitted: 4 years ago.
Category: Intellectual Property Law
Expert:  socrateaser replied 4 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.