Solar Living discovers that Sunny Solar is planning to use the slogan “The Sun Is Always Shining on Solar Energy” in its marketing materials. Solar Living quickly files a trademark application for that phrase to prevent Sunny Solar from using it, although Solar Living has no plans to use the slogan. Will Solar Living’s application be granted?
Solar Living discovers that Sunny Solar is planning to use the slogan “The Sun Is Always Shining on Solar Energy” in its marketing materials. Solar Living quickly files a trademark application for that phrase to prevent Sunny Solar from using it, although Solar Living has no plans to use the slogan. Will Solar Living’s application be granted?
No, because Sunny Solar can prove that it thought up the slogan before Solar Living did.
Yes, because Solar Living was the first to file for the trademark, and the U.S. operates on a first-to-file system.
Yes, because “The Sun Is Always Shining on Solar Energy” is a phrase that can acquire a secondary meaning.
No, because for a trademark to be granted an applicant must actually use, or intend to use, the mark in commerce.
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