Whenever I file a trademark application with the United States Patent and Trademark Office that is marginal in its eligibility because it is generic, the USPTO always gives me a resolute "no."
But, some people apparently have better luck, such as the IT company that managed to get a trademark on the terms "gadget" and "website gadget" which were recently invalidated in a suit against Google.
Cases like these cast real doubt on the prudence of giving trademarks presumptive validity, supposedly justified because of advanced USPTO review of the marks.
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