Was it abandoned?
In order to register for a trademark, the trademark must have a distinctive characteristic feature in symbolizing the product. It could be a descriptive imagery or a sound bite. Nevertheless it should make the particular product easily distinguishable. In the US the rules regarding trademark are particularly very clear. There are cases in which a trademark that has been registered in the name of a particular entity loses its rights on grounds of abandonment. If the entities do not use their trademark for more than three consecutive years, the rights go to another party who registers it again. The Burger Joint has stated that they have used their trademark repeatedly so it is not abandoned.
How legible is the word trademark?
New words can also be trademarked. This is a very tricky aspect words like Pepsi, Macys Google have been trademarked. They also find it is predominately used everywhere. The word “swoosh” by Nike is also used in and trademarked. It might seem ironical to trademark words but some new words are created for the primary purpose of creating a trademark value. Such words are trademarked. In the current legislative laws, it is allowed to trademark particular words. It is imperative that the people understand the underlying philosophies associated with creating a trademark. A trademark is an entity that has been primarily created to be associated with a brand. Words like Google Macys are used predominately by all people to represent the particular company. In such a scenario it is acceptable to register for trademark. The word trademark for the Burger Joint must have indeed been unique when it was registered.