trademark of descriptive phrase :(

[eb007]

Hello,
There is a company which has trademarked its product as "FOLDER LOCK".

So does that mean, there will be no other companies that can use this phrase "Folder Lock" as one of the many descriptive terms to describe different attributes of another product? Obviously one of the features of our software is locking of folders.

Trademarked product for "folder lock" : Folder Lock - File Lock and File Encryption Software Free Download
My Product with "folder lock" just as one of the many features : Desksense - File Lock, Folder Lock, USB Lock, Cd Lock, Malware Block

Its really very upsetting when someone trademarks words like "operating system" or "web browser", which decreases ways of other businessman to describe their product on the same line.

Please look through the matter.

 

[divgradcurl]

What country are you in?

 

[ipatty]

Descriptive trademark.

It would depend upon what kind of descriptive trademark that other company has. Web common law? Federally registered? Registered with the state? Internationally registered (Madrid)?

It also would depend upon what the anticipated use would be.

Descriptive trademarks can acquire trademark protection in the United States if they have achieved "secondary meaning" in the mind of the consumer.

It is generally a good idea to retain qualified trademark counsel who can conduct due diligence and advise you on the merits of using a trademark.

DISCLAIMER: THE FOREGOING IS NOT INTENDED TO BE LEGAL ADVICE NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.