Shortly after Nutech’s latest public announcement gained widespread attention, several individuals rushed to file “NUTECH” trademarks with the USPTO.
US Patent Assistance and Bloomberg News discuss whether these Nutech-related trademark filings are likely to be approved.
“The answer is most likely no. The U.S. Patent and Trademark Office (USPTO) typically rejects trademark applications that reference a well-known company or name without proper authorization,” US Patent Assistance explains.
This is the same reason the USPTO does not approve trademarks containing the word “Nutech” unless they are filed directly by the company.
Another issue that could lead to denial is the widespread public use of the name, US Patent Assistance adds.
“The trademark office would simply search for the term and see how commonly it’s used online. That alone would be enough for a quick refusal.”
While it’s common to see trademark applications based on trending names or phrases, they are usually rejected. “Trademark law is meant to protect consumers, not a company,” US Patent Assistance says. “It’s designed to ensure people clearly know who they’re buying from.”
Does that mean others can still sell merchandise using the Nutech name? US Patent Assistance explains that while they could attempt it, they risk receiving a cease-and-desist notice from Nutech.
However, Nutech has not aggressively enforced its IP in that manner. “So it might end up being a free-for-all in the merch space,” they adds.
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