strictlyAP
strictlyAP
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November 4th, 2014 at 12:31:20 PM permalink
Does 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
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mrsuit31
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November 4th, 2014 at 12:43:00 PM permalink
This cannot be patented. If anything It would be trademarkable, but it is certainly not. It would come down to the specific area in which you where trying to protect the mark...

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...
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Deucekies
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November 4th, 2014 at 9:44:41 PM permalink
This looks like a question for aceofspades or another lawyer among us.

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.
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Sonuvabish
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November 4th, 2014 at 9:50:59 PM permalink
Quote: strictlyAP

Does 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.
Deucekies
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November 5th, 2014 at 12:52:42 AM permalink
Quote: Sonuvabish

Gene Simmons cannot get a trademark on a word that is already in common usage.


Well, you can. Apple, for example. Jockey, for another.
Casinos are not your friends, they want your money. But so does Disneyland. And there is no chance in hell that you will go to Disneyland and come back with more money than you went with. - AxelWolf and Mickeycrimm
strictlyAP
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November 5th, 2014 at 5:21:41 AM permalink
Amazing that I looked everywhere and cannot get a correct answer
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Sonuvabish
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November 5th, 2014 at 10:12:07 PM permalink
Quote: Deucekies

Well, 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.
DJTeddyBear
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November 6th, 2014 at 5:23:31 AM permalink
Quote: Sonuvabish

Nothing 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
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beachbumbabs
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November 6th, 2014 at 12:42:06 PM permalink
FWIW;

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.
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Deucekies
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November 6th, 2014 at 1:01:21 PM permalink
Quote: Sonuvabish

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.


Ok. We agree. I thought in your OP, you were implying Gene Simmons could only trademark "OJ" if he coined it himself.
Casinos are not your friends, they want your money. But so does Disneyland. And there is no chance in hell that you will go to Disneyland and come back with more money than you went with. - AxelWolf and Mickeycrimm
strictlyAP
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November 6th, 2014 at 1:02:01 PM permalink
it 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
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Deucekies
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November 6th, 2014 at 1:03:42 PM permalink
Quote: Sonuvabish

if you wanna sell knives, gloves, and broncos, and name your company OJ, you can get a trademark.


I lol'd as well. Well played.
Casinos are not your friends, they want your money. But so does Disneyland. And there is no chance in hell that you will go to Disneyland and come back with more money than you went with. - AxelWolf and Mickeycrimm
Deucekies
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November 6th, 2014 at 1:05:15 PM permalink
Quote: strictlyAP

it 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.
Casinos are not your friends, they want your money. But so does Disneyland. And there is no chance in hell that you will go to Disneyland and come back with more money than you went with. - AxelWolf and Mickeycrimm
strictlyAP
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November 6th, 2014 at 1:22:58 PM permalink
I have a pretty substantial wager, and may offer a reward if anyone can really get a definite answer
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Deucekies
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November 6th, 2014 at 1:28:53 PM permalink
Paging Aceofspades to the red courtesy phone...
Casinos are not your friends, they want your money. But so does Disneyland. And there is no chance in hell that you will go to Disneyland and come back with more money than you went with. - AxelWolf and Mickeycrimm
strictlyAP
strictlyAP
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November 6th, 2014 at 2:01:18 PM permalink
not sure if he will even know the answer to that one
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Sonuvabish
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November 12th, 2014 at 11:28:55 PM permalink
Quote: strictlyAP

I 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.
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