February 16, 2011

Trademark Basics

Posted by Anais Dervaes

Trademarks offer the consumer protection from real and counterfeit merchandise and products

The term Biodynamic is a trademark held by the Demeter association of biodynamic farmers for the purpose of maintaining production standards used both in farming and processing foodstuffs.  The trademark is intended to protect both the consumer and the producers of biodynamic produce.  http://en.wikipedia.org/wiki/Biodynamic_agriculture

Similar trademarks in unrelated fields:

Delta Airlines, Delta Faucet, Delta Dental can all legally coexist in the marketplace because different products prevent consumer confusion.

Urban Homesteading Assistance League

Is a registered trademark for Technical Assistance and Consulting Services Rendered to Potential Home Owners in Connection with the Rehabilitation of Existing Housing

Urban Homesteading

Is a registered trademark in the fields of sustainable living, organic foods and gardening, the environment, and conservation, using on-line activities and interactive exhibits; entertainment services, namely, providing a web site featuring photographic, audio and video featuring sustainable living, organic foods and gardening, the environment, and conservation; on-line journals, namely, blogs featuring sustainable living, organic foods and gardening, the environment and conservation.

Urban Farm

Is a registered trademark for magazines in the field of animals, farming, agriculture and horticulture.

Trademark Clarification

You can have an urban farm that practices urban homesteading techniques and use biodynamic compost: THIS IS NOT A TRADEMARK VIOLATION.

However, if you publish an urban farm magazine, commercially promote urban homesteading or sell biodynamic compost:  THIS IS A TRADEMARK VIOLATION.

A registered trademark cannot be used in a title of a book as it may “mislead as to the source or content of the work.”

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