Trademark

[jcpearlman]

I would like to file for the trademark Whistle Pops for a candy item. The examining attorney told me that it is descriptive and does not qualify. However, Ring Pop has been registered since 1976 and that is descriptive also. I did notice that they disclaimed the word Pop from the trademark.

My questions are the following:

Can I disclaim the word Pops and be granted a trademark?
What does it mean to actually disclaim the word in the trademark world?

 

[Michael Wechsler]

Whistle Pops might be trademarkable but it could be difficult as it is descriptive. I do remember someone else using that term a long time ago for a lollipop candy that was like a flute-like whistle on a stick. You need to do a search to find out whether you'd have trouble with a common law (and not federally filed) trademark as well.

 

[amberjoe]

Yes It is very important to do a deep search about the trademark normal methods of search will not work.