Unimaginative Brand Names and Trademarks

Every day morning on the way to work, I cross a construction site. Since this area is just near a traffic light (which is green for only a little time), I invariably look at the site. The first thing which strikes me DAILY is the fence which encloses the site. Well, not the fence itself, but the little sign boards on the fence - "Long Fence" (R). I don't know the exact reason why this fencing company chose to name themselves as "Long Fence", but it surely pains me a lot on two accounts:

1. Lack of imagination in choosing a name


2. Trademark protection of generic names

How boring it would be if all brand names were unimaginative! We would drive cars with names such as "Car", "Little Car", "Sedan", etc., we would read newspapers in the morning with names such as "Daily Newspaper", "The Newspaper", or would wear shoes named "The Shoe" and "Running Shoes" !

And mind you, all these names would be trademark protected. Meaning that if I put a fence which is long and another one which is short, and put up boards on them (for whatever reasons) - 'Long Fence' and 'Short Fence', I would be liable for brand infringement. Whoa !
Another instance can be as follows: a company obtains a trademark for the generic word "Shoes". Now, if I roam around with a t-shirt with a message printed "My shoes are pathetic", the company can very easily build a case against me on the grounds that I am derogating their brand name.

I really wonder why the copyright office does not reject generic names as trademarks!

The USPTO website offers simple definitions of all such confusing terms. Here you will note that there is a distinction between 'generic names' and 'brand names'.

Another case in question is the Project Honeypot (TM). If you read through their terms of use, you will be surprised to learn that generic word combination 'Project HoneyPot' is now their trademark and can not be used by others.

The Honey Net Project (R) also uses a generic name.

Generic names should not be offered trademark protection. It is definitely disadvantageously to future competitors.

To all such generic trademark holders, please TRY to be imaginative!


I might need to drop my case against 'Long Fence' (R) since it seems that the word 'Long' is what is registered and not both together. But even then it is disadvantageous to competitors who loose consumers, every time a person googles up generic words and reaches the website of a company with a generic name.

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