Can I trademark a word that we have given to a technology?

UPDATED: Oct 1, 2022

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Can I trademark a word that we have given to a technology?

We own a clothing company and our factory uses a Hydrophobic coating on the
clothing to repel water. Quiksilver uses a similar coating and calls it
DryFlightTM. Is there a way to trademark our own name for our technology? We
also have a slogan, can we trademark that even though our specimen is
ornamental? It is not our company name so therefore the slogan would only be
used on t-shirts and social media.

Asked on April 12, 2019 under Business Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the word is not already being used as a trademark, is not descriptive or generic (e.g. "Hydrophobic Coating"--you can't trademark the normal terms that more or less anyone would use for something), and if you actually use it in marketing or commerce, then yes, you should be able to trademark it the way the other company trademarks their product name. There is nothing inherently not trademarkable about what you describe: the words just needs to meet the criteria for trademark. If you deem it possibly worth trademarking, its worth hiring an intellectual property attorney to confirm that you can trademark it then help you do so. In the meantime, here is a link to a U.S. Patent Trademark Office (PTO) website with some usual information about the trademark process:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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