2degrees can't be trademarked?

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batmann

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#39561 16-Aug-2009 20:31

Can 2degrees actually trademark their name? Because it would be too common to trademark wouldn't it?

freitasm

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#247347 16-Aug-2009 20:41

Nothing wrong there. Also, by using it you already "trademarked" it...

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#247357 16-Aug-2009 21:02

If you checked the IPONZ website you'd see they have already been granted a trademark.

richms

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#247394 16-Aug-2009 22:29

Trademarks are specific to one or more of a massive list that you get to choose when registering them, if you are too broad you open to be challanged, if you dont register for a product or service and someone else comes along and does and uses it, then thats basically tough luck. There are exceptions as always for something that is plausable, like cocacola stick their name on anything so good luck registering it for those, but if I was to want to make some 2 degrees bathtowels or garden tools there should be no problems registering it since its not likly to confuse people

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#247527 17-Aug-2009 11:01

Have they trade marked 2degrees or 2degreesmobile? (I notice both are trademarked) Any complications seeing as there is a winery by the name of two degrees (who use 2degrees.co.nz)?

wellygary

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#247536 17-Aug-2009 11:14

kingjj: Have they trade marked 2degrees or 2degreesmobile? (I notice both are trademarked) Any complications seeing as there is a winery by the name of two degrees (who use 2degrees.co.nz)?

Nope, you apply for trademarks for specific words in specific categories,

Having two organisations with the same name in different markets is fine, such as two degrees (mobile comms, and winery)

A good example of having a name used in different kinds of business is McDonalds, you can find a Mcdonalds Electrical in Rangiora and a McDonalds Lime in TeKuiti, but if you try to open an authentic Scottish Restaurant with that name you are gonna find a bag of hammers falling on you.

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#247537 17-Aug-2009 11:16

wellygary: A good example of having a name used in different kinds of business is McDonalds, you can find a Mcdonalds Electrical in Rangiora and a McDonalds Lime in TeKuiti, but if you try to open an authentic Scottish Restaurant with that name you are gonna find a bag of hammers falling on you.

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#247709 17-Aug-2009 15:10

wellygary:

If you try to open an authentic Scottish Restaurant with that name you are gonna find a bag of hammers falling on you.

Well, it's a well known fact, Sonny Jim, that there's a secret society of the five wealthiest people in the world, known as "The Pentaverate", who run everything in the world, including the newspapers, and meet tri-annually at a secret country mansion in Colorado known as "The Meadows."

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These comments are my own and do not represent the opinions of 2degrees.

batmann

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#247714 17-Aug-2009 15:17

so if a cellphone carrier wanted to call themselves "the phone company" are you guys saying they could trademark this in new zealand?

richms

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#247730 17-Aug-2009 15:35

Well there is already "the video store" so why the hell not?

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#247740 17-Aug-2009 15:46

batmann: so if a cellphone carrier wanted to call themselves "the phone company" are you guys saying they could trademark this in new zealand?

Maybe, it is up to the trademark office to determine whether a mark is a true name of a business or the use of a generic term,

They let DB nab the description "Radler" as a style of beer, despite it being seen overseas as a genereic description, a bunch of people are fighting that decision.

It all comes down to interpretation, and who objects when you advise you want to use that particular trademark.

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#247775 17-Aug-2009 16:32

"The Lines Company" is based in Te Kuiti.

http://www.thelinescompany.co.nz/

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batmann

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#248130 18-Aug-2009 13:10

from the iponz website:

http://www.iponz.govt.nz/cms/trade-marks/what-is-a-trade-mark

A trademark may not be able to be registered if it:

Is a superlative, e.g. BEST, SUPER, etc.

Is a descriptive term, e.g. SWEET for ice cream

2degrees is a descriptive term because it describes how cold the temperature is.

tonyhughes

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#248133 18-Aug-2009 13:13

You have missed the entire point of that page...

*Most* icecream is sweet, and that is a common thing with icecream.

"2 Degrees Mobile" is not a term that would generally be a common description of a telecommunications company or mobile network.

You are barking up a non-existent tree.

wellygary

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#248147 18-Aug-2009 13:25

batmann: from the iponz website:

http://www.iponz.govt.nz/cms/trade-marks/what-is-a-trade-mark

A trademark may not be able to be registered if it:

Is a superlative, e.g. BEST, SUPER, etc.

Is a descriptive term, e.g. SWEET for ice cream

2degrees is a descriptive term because it describes how cold the temperature is.

So is "the warehouse", but it didn't stop them TMing their brand.

also "New zealand sock company" and "kiwi Sock company" also sound fairly descriptive.

jayaldous

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#248156 18-Aug-2009 13:38

wellygary:
batmann: from the iponz website:

http://www.iponz.govt.nz/cms/trade-marks/what-is-a-trade-mark

A trademark may not be able to be registered if it:

Is a superlative, e.g. BEST, SUPER, etc.

Is a descriptive term, e.g. SWEET for ice cream

2degrees is a descriptive term because it describes how cold the temperature is.

So is "the warehouse", but it didn't stop them TMing their brand.

also "New zealand sock company" and "kiwi Sock company" also sound fairly descriptive.

I'd imagine this works more in the way the example does. E.g. by calling yourselves "Delicious Hot Dogs" it would be unfair to allow others the right to say their hot dogs are delicious, their pandas are fluffy or their ice cream is sweet, etc. I'm guessing "location/region" descriptions are considered differently from this. "The Warehouse" isn't terribly descriptive now is it?