Can a chemical subtance be a trademark?

[Natalie_S]

What is the name of your state (only U.S. law)? Florida

Hello,
Our small company run an online business and got a complaint from a trademark owner on infringing their IP. We sell dietary supplements. I can't disclose the exact name. It's similar to H2O or let it be CO2. We were selling it as "<our company> CO2" but it turns out the other company had registered the trademark for CO2.
I know the case looks hopeless and we may need to stop selling the product. But isn't it absurd to register trademarks on chemical substances? If someday somebody registers the name H2O, it means no one else will be able to produce potable water?
I know IP law is very complicated, and who can give me a brief idea what the registration bodies have in mind/take into consideration when approving such trademarks?

Thank you.

 

[quincy]

What is the name of your state (only U.S. law)? Florida

Hello,
Our small company run an online business and got a complaint from a trademark owner on infringing their IP. We sell dietary supplements. I can't disclose the exact name. It's similar to H2O or let it be CO2. We were selling it as "<our company> CO2" but it turns out the other company had registered the trademark for CO2.
I know the case looks hopeless and we may need to stop selling the product. But isn't it absurd to register trademarks on chemical substances? If someday somebody registers the name H2O, it means no one else will be able to produce potable water?
I know IP law is very complicated, and who can give me a brief idea what the registration bodies have in mind/take into consideration when approving such trademarks?

Thank you.

Yes, CO2 can be registered as a trademark ... but not for CO2.

CO2, like other words or symbols commonly used to describe something, is in the public domain and can be used by anyone. However, CO2 could be used in combination with another word or symbol to make it a unique identifier for a product or service, and CO2 can be used on its own as an identifier for something other than CO2, for example as a trademark for a clothing line.

What might also be of interest is that not only can words and symbols be used for trademarks, but so can colors, sounds, smells, shapes ... anything that distinguishes one product or service from that of all others can potentially be rights-protected.

If you have received a notice of infringement from a trademark holder and you do not believe it is a legitimate complaint, have the notice you received personally reviewed by an IP attorney in your area. The attorney can look into the one claiming infringement and compare their product to yours, to see if the complaint has merit.

 

[tranquility]

What is the name of your state (only U.S. law)? Florida

Hello,
Our small company run an online business and got a complaint from a trademark owner on infringing their IP. We sell dietary supplements. I can't disclose the exact name. It's similar to H2O or let it be CO2. We were selling it as "<our company> CO2" but it turns out the other company had registered the trademark for CO2.
I know the case looks hopeless and we may need to stop selling the product. But isn't it absurd to register trademarks on chemical substances? If someday somebody registers the name H2O, it means no one else will be able to produce potable water?
I know IP law is very complicated, and who can give me a brief idea what the registration bodies have in mind/take into consideration when approving such trademarks?

Thank you.

Google something like explorer litigation. Should there be a problem with calling something a chemical notation? NO! Should there be a problem if you explore or if you window something in you description? It would depend on how much money the rapacious attack lawyers have. (I must use this designation forever.) IP law is broken. Your issue is but one example. (Assuming it is as innocent as you say with no confusion anywhere.)

 

[quincy]

Google something like explorer litigation. Should there be a problem with calling something a chemical notation? NO! Should there be a problem if you explore or if you window something in you description? It would depend on how much money the rapacious attack lawyers have. (I must use this designation forever.) IP law is broken. Your issue is but one example. (Assuming it is as innocent as you say with no confusion anywhere.)

Rapacious attack lawyers? Seriously?

Trademark holders are charged with enforcing their own rights or they risk losing all rights to their marks. If a company has a registered trademark, others have been put on notice that the trademark is in use and it is infringement to use the registered trademark or a similar one, without authorization from the trademark holder, and in a way that confuses consumers as to the source of the goods or services.

If IP law is broken, it is largely because there are those who are ignorant of the law or know the law but do not respect the legal rights of others.

 

[tranquility]

Rapacious attack lawyers? Seriously?

Trademark holders are charged with enforcing their own rights or they risk losing all rights to their marks. If a company has a registered trademark, others have been put on notice that the trademark is in use and it is infringement to use the registered trademark or a similar one, without authorization from the trademark holder, and in a way that confuses consumers as to the source of the goods or services.

If IP law is broken, it is largely because there are those who are ignorant of the law or know the law but do not respect the legal rights of others.

Yes, we can shorten it to RAL if you like. Should Windows be protected? Should Navigator? Without RAL, the law might not be so silly. Silly in that high moneyed RAL create "legal rights" out of nothing. IP is broken. If you defend it I might suggest it is because you profit from it in some way.

 

[quincy]

Yes, we can shorten it to RAL if you like. Should Windows be protected? Should Navigator? Without RAL, the law might not be so silly. Silly in that high moneyed RAL create "legal rights" out of nothing. IP is broken. If you defend it I might suggest it is because you profit from it in some way.

I understand you do not like IP laws, tranquility.

But, whether you believe IP law is "broken" or not does not relieve you or any other person from recognizing the laws that are in place and avoid infringing on the rights of others.

I can only surmise that you once infringed on copyrights and were caught infringing, had to pay a statutory amount to the copyright holder that you felt was unfair (afterall, the item infringed only retailed for $10 ... why should you have to pay $750 for stealing it?) ... and you continue to grumble about it much like Bali Hai grumbles about alimony.

Whatever the case, CO2 can be registered as a trademark (and apparently has been) and if Natalie_S wants to better ensure she will not be sued over her use of CO2 in her business name, she should have the facts of her use personally reviewed by an IP attorney in her area. When you receive a notice of infringement, it is best not to ignore it.

 

[tranquility]

I understand you do not like IP laws, tranquility.

But, whether you believe IP law is "broken" or not does not relieve you or any other person from recognizing the laws that are in place and avoid infringing on the rights of others.

I can only surmise that you once infringed on copyrights and were caught infringing, had to pay a statutory amount to the copyright holder that you felt was unfair (afterall, the item infringed only retailed for $10 ... why should you have to pay $750 for stealing it?) ... and you continue to grumble about it much like Bali Hai grumbles about alimony.

Whatever the case, CO2 can be registered as a trademark (and apparently has been) and if Natalie_S wants to better ensure she will not be sued over her use of CO2 in her business name, she should have the facts of her use personally reviewed by an IP attorney in her area. When you receive a notice of infringement, it is best not to ignore it.

I love proper IP laws. I also understand the state enforces ridiculous laws promulgated by moneyed interests that get such laws from electing the proper people. (Go, Hillary!)

I have never been accused of violating any IP laws and have never paid or have been demanded from anything resembling them. Heck, I haven't even had a creditor make nasty calls to me let alone someone threatening a suit. So, stuff it in your ear for my motivations. They are not personal. They are based on reasoned and intelligent consideration. They are based on understanding the cost and the benefit and considers the case law that is out there. Right and wrong.

I wrote a lot more but had some problem on cut and paste and lost it and don't want to do it again. But:

But, whether you believe IP law is "broken" or not does not relieve you or any other person from recognizing the laws that are in place and avoid infringing on the rights of others.

All this is is a claim the government can squash you if you violate the monied interests. Infringing on the "rights" of others is not, in IP law, mala in se, but mala prohibita. God did not grant the right of a person who sells a CD to prevent the ripping of that CD into iTunes. Men did. Men who had fine dinners, golfing and many thousands contributed to their campaigns,

 

[quincy]

You remind me a lot of Bali Hai.