Application of Reynolds Metals Co., 480 F.2d 902 (1973) p.114

SUBJECT

trademark of a bag

FACTS

Wanted to trademark a clear bag in which food could be browned inside of.

ISSUE

Is the slogan descriptive or suggestive?

HOLDING

The bag is suggestive. Therefore it can be used as a trademark.

RATIONAL

Although it seems descriptive, the particular combination of "brown-in-bag" is sggestive of a secondary meaning.

NOTES

The definition of what the bag does seems to be descriptive. This case shows how subjective trademark law can be.

In describing its own materials, the client did not use the trademark at all. What many people do, is the client will use the trademark in the description of the product. NEVER use a trademark as a noun when used in a sentance. Only use it as an adjective. The trademark cannot be used as a description.

Created on: Tuesday, January 18, 2000 at 18:46:43 (PST)