Even as the coronavirus pandemic spreads
around the world, people and businesses are trying to gain a commercial
advantage from trademarking words and phrases related to the virus and people
and places associated with the epidemic. Chinese trademark officials, for
example, recently announced that almost 1,000 trademark applications related to
COVID-19 have been been filed and rejected. Chinese authorities are now
punishing filers calling such applications “malicious” and an abuse
of the trademark system. See report here. Likewise, the Korea
Herald news media reports dozens of efforts to
register trademarks in Korea related to the coronavirus. Examples include
“CORONA KILLER,” “WCCORONA” and “CORONACOP.” Here in the US,
there have been similar registration efforts in the last couple of weeks
including proposed trademarks for “Coronavirus Survival Guide” in the
trademark class for survival magazines and “We Cured COVID-19” for
apparel. See report here.
These efforts seem insensitive and heartless
— and maybe even opportunistic — amid the ongoing crisis. But these efforts
are also likely to be pointless, since it is unlikely that ANY trademark
related to the virus can be registered.
The key to a valid trademark registration is
having a word, logo, symbol, phrase, or something similar that is used in
commerce to identify a unique commercial source for a product or service in the
minds of consumers. A trademark is not just a catchy phrase. Customers have to
view and understand the trademark as identifying a company and as a means of
distinguishing between various companies making products or providing services.
Protecting the consumer from confusion is one of the main purposes of trademark
law. Examples can be seen in the different trademarks used by McDonalds vs.
Burger King and the ones used by automobile manufacturers Audi and Mercedes
Benz. Consumers see these various marks and understand them to represent good
food and fine automobiles made by the respective companies. These marks are
unique and distinctive and serve as identifiers.
Furthermore, generally speaking, a trademark
cannot be a common or descriptive word like “BLUE” or
“WORLD” and cannot be a commonly-used symbol like a circle or a
triangle. These types of trademarks are too general, generic, and descriptive.
Without more, such words or phrases or symbols are not unique and distinctive
enough to cause a consumer to see the word, phrase or symbol as an identifier
of a unique commercial source/origin of goods or services. Finally, a trademark
cannot be some word or phrase that is informational. Thus, a trademark
application for “I♥NY” for coffee mugs would be rejected since the
symbols relay information about the feelings and beliefs of the coffee drinker,
not information about the commercial source of the coffee mug.
These are the main problems with any effort to
trademark COVID-19 or CORONAVIRUS or any other words or phrases related
thereto. In only a short time, these words have become common and now describe
a pathogen and a pandemic. As such, in the minds of consumers, these words
cannot identify a commercial source of goods or services. Furthermore, some of
the proposed trademarks like “CORONACOP” or “COVID-19 SURVIVAL
MAGAZINE” are merely descriptive or informational. Again, the words do not
convey information about the source/origin of commercial goods or services.
If you have questions about trademark law,
contact the trademark lawyers at Revision Legal at
231-714-0100.
