Trick Question For You, Just For Fun

Dave Zan · 10-03-2006, 05:16 AM

Is realtor generic?

hokeshel · 11-14-2006, 07:13 AM

Ummmm. I do not understand the question. Are you asking if the word "realtor" is generic or if the profession of realtor is generic? Or did it fly right over my head?

Dave Zan · 11-14-2006, 01:33 PM

Quote:

Originally Posted by hokeshel

Ummmm. I do not understand the question. Are you asking if the word "realtor" is generic or if the profession of realtor is generic? Or did it fly right over my head?

I mean is the word "realtor" itself generic.

Ladybecklyn · 11-14-2006, 04:40 PM

so, is realtor generic for seller?

penguinmama · 11-14-2006, 07:36 PM

NO, it is NOT generic. Realtor is a registered/copyrighted/trademarked - anyway it's a LEGAL term for someone who works in the realty business and who is CERTIFIED. If someone starts selling houses or land and is not certified, and they use the term "Realtor" - they can be sued.

Ladybecklyn · 11-15-2006, 12:37 AM

Oh....I didn't know that. Interesting thread to start Dave Zan. How exactly does this fit with domains? Now I am confused.

Dave Zan · 11-15-2006, 06:05 AM

And penguinmama gave the correct answer.

To be exact (and as explained to me by one competent attorney), it's called
a "collective trademark":

Glossary

Quote:

a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark that indicates membership in a union, an association, or other organization.

Quote:

Originally Posted by Ladybecklyn

Oh....I didn't know that. Interesting thread to start Dave Zan. How exactly does this fit with domains? Now I am confused.

These past few months I've been seeing various people asking "is this name
generic?" and all that, especially if they receive a C&D. What one might see
as generic isn't necessarily seen that way by another, especially if that other
can demonstrate trademark rights to the term/s in question.

To think my father referred to his real estate agent as a "realtor". And we're
not even US-based.

Ladybecklyn · 11-15-2006, 11:07 PM

I understand. People use terms that others view as generic but in fact they are trademark specific such as realtor (certified). This is very interesting, I will have to look out for other instances of this.

echos · 11-16-2006, 03:56 AM

Wow, I didn`t know all that , thankx for the heads up, Echos

LyricB · 11-19-2006, 03:13 AM

Good point. I remember once seeing an ad in Writer's Digest which pleaded with editors and writers to remember that the word "Kleenex" is copywrited.