Black Friday and Registered Trademarks
Posted on October 26, 2023 • Author Aceveri • 2 minutes • 416 words • Other languages: Romana
Table of contents
The Origin and Evolution of Black Friday: A Commercial Tradition
Black Friday has deep roots in American shopping culture. The term first appeared in the ’60s, marking the beginning of the Christmas shopping season. Since then, Black Friday has become a global phenomenon, representing the day with the biggest discounts and offers in retail. However, the tradition has evolved from a simple shopping day into a widespread event, with promotions both online and in physical stores worldwide.
The Difference Between Registered Trademark and Generic Term
A registered trademark and a generic term represent two distinct concepts in the field of intellectual property. A registered trademark is a symbol, word, or logo that has undergone a legal registration process with a competent authority, such as OSIM or EUIPO. This registration grants the owner exclusive rights to use the mark in specific commercial activities for which it was registered. In contrast, a generic term refers to a common word or expression that is not exclusively associated with a particular brand or product. Generic terms cannot typically be registered as trademarks, as they are considered part of common language and available for general public use.
From Common Term to Registered Trademark: The Case of Black Friday
Trademark rights and Black Friday constitute a complex combination in the realm of commerce. With the increasing popularity of this shopping day, questions have arisen regarding trademark rights and their protection in the context of names like “Black Friday.” Companies seek to ensure they do not infringe on existing trademark rights when promoting special offers, while trademark owners aim to protect their name from unauthorized use.
In Romania, according to OSIM, there have been 13 registered trademarks containing the term “Black Friday” (see here Aceveri ), and internationally, there have been 428 trademarks registered according to TMDN.
Suggestions for Registering a Mark that Includes ‘Black Friday’ in the Name
For those wishing to register a mark that includes the term “Black Friday,” it is essential to conduct comprehensive documentary research to check for similar marks or prior registrations that could potentially create conflicts.
Additionally, one should be aware that the term “Black Friday” may be considered a generic term and could be challenging to register as a distinctive trademark. Seeking advice and guidance from an intellectual property specialist or an attorney experienced in trademark law can be crucial in this process.
It is also important to consider aspects related to trademark protection and explore strategies to ensure its proper use and promotion.