Intellectual Property Law

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Can i get a trademark for the words "original black garlic"?

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can i get a trademark...
can i get a trademark for the words "original black garlic"?
Submitted: 1 month ago.Category: Intellectual Property Law
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Answered in 3 hours by:
3/7/2018
IP Lawyer: Infolawyer, Lawyer replied 1 month ago
Infolawyer
Infolawyer, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 60,936
Experience: Experienced lawyer
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Is it associated with a product you are selling?
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IP Lawyer: Infolawyer, Lawyer replied 1 month ago
Awaiting your reply, thank you!
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Customer reply replied 1 month ago
we manufacture and wholesale black garlic. it is really aged garlic but when aged the garlic turns black so I couldn't get the trademark for black garlic as they said descriptive, can I call it "original black garlic" ? is it a safe bet or generally a no no from ipo?
IP Lawyer: Infolawyer, Lawyer replied 1 month ago
Not likely. It would also likely be considered descriptive. You can attempt it but you may want to consider an alternate name! Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 1 month ago
acceptable thanks
IP Lawyer: Infolawyer, Lawyer replied 1 month ago
Good luck! Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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