Expert: Kacey Cahill - 6/18/2009

Question
Twitter.com has attempted to register "tweet" as a trademark of theirs.  In your opinion do you believe they will be successful in obtaining trademark status for the term and why?  http://tarr.uspto.gov/tarr?regser=serial&entry=77715815&action=Request+Status

Answer
Mark, I would be surprised if they were not successful.  They would have had their PR firm vet this term and make sure it would work for them for a number of reasons, including availability, prior to filing for the mark.  To know where they are focused, look in the categories for which they are filing.  In trademark law, one gets the mark tied to the specific goods and services that they are selling.  So Twitter will get it only for their services.  Others may still file for this mark in areas not covered (or closely related) to the categories for which Twitter is filing.  In addition, if the mark becomes "famous" nobody can use the mark at all for any category of goods or services.  That takes time.  Coke would be a good example of a famous mark.

I hope this is helpful, but please remember that this is intended for educational purposes only and not as legal advice.

Kind regards,

Kacey Cahill
www.kaceylaw.com