Can someone trademark a 2 word phrase, each word is a very generic word. Once that trademark has been issued, can that person have the right to sue (if they can prove first use in commerce) anyone who uses that 2 word phrase? Or can they only sue if the font and design with that phrase is identical?
If you get a valid trademark you can sue anyone who infringes on your mark. Usually to infringe on a registered mark, the usage would be in the same trademark class or likely to cause confusion in the marketplace. You have not given enough details for anyone to tell you much else. I would note though, that a â„¢, even if granted, on two generic terms, would most likely be a very weak mark. It sounds like you are more concerned with just stopping others than actually protecting a mark. Trademark litigation is not a cheap way to poke someone in the eye.
This would be in the same trademark class and would cause confusion in the marketplace. They are competing web sites. Please explain more why you think a 2 generic word phrase is a weak mark.
It is the whole "generic" word thing. A mark which contains a made up word is usually a stronger mark than one made up of generic words was all I meant. It sounds like someone is using the same name as you already and you are looking to get a trademark now to stop them. Otherwise it sounds like you are predicting a very specific scenario to take place in the future.
Someone is using the 2 word generic phrase on a button on their web site, I am wondering if I can use... or can they come back and claim first use in commerce? I am looking at the Facebook Like button VS the Youtube Like button as a similar case. But that is just one generic word VS 2 word generic phrase, not sure if that matters. If I make a different button with the same 2 word generic phrase will but totally different button and font design is that good enough or can I still get in trouble?
This is not legal advice, this is business advice. I have no idea what button or words or company you are talking about but generally... There are a lot of things which might be technically protectable as a trademark or some intellectual property, but the reality is that nobody actually is enforcing the right in many cases. Not every company or every person asserts every possible right they may have to every design and creation, or button on every website. So some random site has a button you like, maybe it is trademarkable, maybe not, who knows. I would stop my inquiry there and use something similar with no worries. (unless the button is from a company with a legal budget in the millions - then I move on and find another button) In your case, however, taking the button of a competing website which would cause confusion is a horrible idea. That is begging for trouble.
I will not be using the exact same button, I will have my own design, but I will use the same 2 generic word phrase. Also, explain how every e-commerce site uses "add to cart" and nobody gets in trouble. I am sure someone can claim first use in commerce on that button back in 90's.
Precisely. How does it cause confusion? It does not. Your premise is that your usage of your competitor's button "would cause confusion in the marketplace." Those are your words. On one hand you speak of it being generic like an "add to cart" button, on the other hand you say it "would cause confusion in the marketplace." It sounds like you are all over the place. Good luck.
I think if we do a totally different design with our branding icon on the button with the 2 generic words, it would NOT cause confusion, because it will be obvious that this is our button not our competitors. If we just used the words without any design, then there might be confusion in the market place.