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Can I use my boardgame theme to apply for a trademark?

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cginno
cginno's picture
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Joined: 03/19/2009

If my new boardgame is all about fruit and it includes pictures of various kinds of fruit, can I use names like: fruit, eat fruit, pineapple, eat healthy.... to apply for a trademark? Obviously, `Fruit' descibes the boardgame best; but is it forbidden for a trademark to directly describe the theme of a product?
Thanks!

JB
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Joined: 02/06/2009
I'm no lawyer but

The way I understand it, to use 'Fruit' as a trademark you would need to make sure no other game used 'Fruit' in such a capacity. I think you might be better off with 'Eat Fruit!'. But to answer your question no. Monopoly (tm) is a game about Monopolies. Your theme can be your title which in turn can be your Trademark.

But agian, I'm no lawyer.

angierickvps
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Joined: 03/23/2009
Can I use my boardgame theme to apply for a trademark?

Like it was stated by others, I am not an attorney. However I was able to get me game trademarked. I started with the like here: http://www.uspto.gov/web/trademarks/workflow/start.htm

I followed their steps, paid their fees, and waited a year before the whole process was finalized. <<>> Do not start this process until your are ready about $600. I say that because once you initiate this process, this US office will send out a query to anyone who might have a similar idea and everyone will know what you are trying to do. So no trial runs. You might want to consult with an attorney before you do anything. You should get 1 free visit so be prepared to use all of that time wisely.

Besides that good luck

Rick

http://www.fairplaygames.com/gamedisplay.asp?gameid=5958

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