The only thing patent related would be some sort of design patent, but again I dont see how this would in any way relate to the term oj.
In regards to IP. Literature is copywritten, Marks and symbols (most of the time) are limited to trademarks. Design patents however are slightly more vast in what can be claimed.
As far as I know...
Here's my answer based on my one Business Law class I took. Take it only as that, nothing more.
My understanding is that "OJ" could possibly be trademarked, but not by an orange juice producer. A name that is merely descriptive or generic cannot be trademarked. If someone wanted to start a clothing store called "O.J.", that would probably be fine.
Quote: strictlyAPDoes anyone know the true answer of whether the term oj can be patented and whether or not gene simmons of kiss really owns this or if its at all remotely possible that he owns this patent
No, you cannot patent a word. Gene Simmons cannot get a trademark on a word that is already in common usage. If Gene Simmons invented the word OJ and trademarked it, he lost the trademark because the word has become generic.
Quote: SonuvabishGene Simmons cannot get a trademark on a word that is already in common usage.
Well, you can. Apple, for example. Jockey, for another.
Quote: DeucekiesWell, you can. Apple, for example. Jockey, for another.
Nothing about Apple relates to actual apples. Anyone can similarly trademark Apple, so long as it doesn't relate to apples or computers. I'm assuming the question posed is OJ patented as in orange juice.
1) No, because you cannot patent a word.
2) No, because you cannot trademark a word in common use AS IT RELATES TO THAT USAGE.
if you wanna sell knives, gloves, and broncos, and name your company OJ, you can get a trademark.
Quote: SonuvabishNothing about Apple relates to actual apples. Anyone can similarly trademark Apple, so long as it doesn't relate to apples or computers.
Wait a sec...
Does nobody here know about the battles between The Beatles record label Apple Records and Apple Computers?
Read all about it:
http://en.wikipedia.org/wiki/Apple_Corps_v._Apple_Computer
We were able to successfully copyright and Trademark the name "One for the Money" for our poker game. It did not conflict with the two most common usages, both protected:
The first line of "Blue Suede Shoes".
The first book by Janet Evanovich of the bestselling series.
So, (All in my opinion only) I found the original question vague; trademarking OJ as pertains to orange juice is already in the public domain. I think OJ Simpson also has some protections. But, as someone said, if you called a line of clothing OJ, it wouldn't conflict with either to my knowledge. And if you called a table game "OJ", unless it's already out there somehow, it wouldn't conflict. I don't know what the OP's intent was.
Quote: SonuvabishNothing about Apple relates to actual apples. Anyone can similarly trademark Apple, so long as it doesn't relate to apples or computers. I'm assuming the question posed is OJ patented as in orange juice.
Ok. We agree. I thought in your OP, you were implying Gene Simmons could only trademark "OJ" if he coined it himself.
just google gene simmons oj trademark
Quote: Sonuvabishif you wanna sell knives, gloves, and broncos, and name your company OJ, you can get a trademark.
I lol'd as well. Well played.
Quote: strictlyAPit came from the gene simmons claim that he trademarked oj- if you google it you will see what im talking about
just google gene simmons oj trademark
Googling that turns up other, equally dubious claims that Gene Simmons has patented the dollar sign. Sounds like Gene Simmons being Gene Simmons to me.
Quote: strictlyAPI have a pretty substantial wager, and may offer a reward if anyone can really get a definite answer
The answer is NO. I think of everyone, I did the best job of proving this and deserve a reward...maybe Deucekies too. How do you provide conclusive evidence of a falsehood? Gene Simmons did not patent or trademark OJ. Do you require the patent # for this nonexistent patent? Your question specifically asks for a patent. It is legally impossible for someone to patent a word or phrase. A trademark is exceptionally unlikely, but not quite impossible...but that's not your question!
I take it by your continued persistence for a 'definitive' answer and an offer of a reward, despite quite definitive answers, that you wagered he did patent OJ and u will be the loser. Regardless, I still want a monetary reward.