Confused about trademarks

[MAllie]

Could someone clear up my confusion about trademarks? I always understood a generic dictionary word couldn't be trademarked, but I've come across a game that is one such yet has the R in a circle beside its name. The name is a very simple one, like 'link' or 'symbol.'

[INFORG]

You can trademark a generic term outside of its generic meaning. So, I can sell water bottles using Grapes.com and trademark "grapes" for use in selling water bottles. That means nobody else can sell water bottles referred to as "Grapes" water bottles. Doesn't mean I own the word, you could use Grapes.net to sell tennis rackets and grapes.org to sell something else and not infringe on my mark

Does that make any more sense to you?

So in your game example, nobody else can trademark a game called "link" or "symbol", but that TM doesn't extend to other products with that name.

[Acro]

Apple is a trademark with regards to computers. Doesn't get more generic than that. The argument is whether a generic domain can have issues with existing marks.

[MAllie]

Yes, that definitely makes sense to me, 2gajgops. Thanks. So if the game is a computer one called 'Link,' I couldn't have another one called that, but could I have a board game the name of which is made up in part with 'link'?

Thanks Theo also, and I'm beginning to see what you mean about a domain, presumably because the concept of a domain name is such a new one.

[Gerry]

There seems to be a lot of confusion about TM's.

The simple way to resolve the matter is this

Two words: Trade Mark

It is the mark (design, logo, type, art or what ever) that a business uses to conduct its trade. Trade Mark

As acro pointed out, it can be a generic word. But it is how that mark (brand) is conveyed in conducting business (trade). Therefore, yes...a generic word can be used IN a trademark but that business can not own the word itself. The best example is found on the USPTO.gov site where the discussion used is the case of the word "bank".