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Honored Contributor
Posts: 11,856
Registered: ‎03-10-2010

Is Paperclip a trademarked name?

QVC calls theirDiamonique offering in paperclip "oval."  JTV calls one "elongated."  Is there a problem using the word "paperclip?"

Honored Contributor
Posts: 11,220
Registered: ‎03-12-2010

Re: Is Paperclip a trademarked name?

[ Edited ]

@depglass wrote:

QVC calls theirDiamonique offering in paperclip "oval."  JTV calls one "elongated."  Is there a problem using the word "paperclip?"


@depglass 

The word is being used descriptively, not as a brand name, so no.

There are no PAPERCLIP brand names for jewelry, although there are PAPERCLIP brands for diaper bags, management services, and a few other things.

 

I worked in the trademark field for most of my career so I hope this explanation helps.

 

It doesn't matter whether the word "paperclip" was registered as a trademark for the actual paperclip or not. Trademark protection is not based on a word alone, but on what is being sold or offered under that name commercially. Even if paperclips had trademark protection as paperclips, the word could still be registered as a trademark for other goods or services.

Love to be home . . . thus the screen name. Joined 2003.
Honored Contributor
Posts: 26,208
Registered: ‎05-22-2016

Re: Is Paperclip a trademarked name?

[ Edited ]

No. That word is a noun, not a name.

Esteemed Contributor
Posts: 5,518
Registered: ‎10-03-2014

Re: Is Paperclip a trademarked name?

The paperclip we use today was not patented or trademarked, the reason why "paperclip" is used by other industries. 

 

The design below was first manufactured by the Gem Manufacturing Co and was called "Gem Clip" or "Gem Paper Clip."

 

Paperclip is used to describe the shape of the link used on jewelry.  

 

While there are many shapes of paperclips, this is the most familiar.  

 

 

Below is one of QVC's paperclip necklaces. 
 
J397261
Sterling Silver Bold Paperclip Chain Necklace 20" By Silver Style, 56.0g

 

 

This one by Roberto Coin in 18K gold.  

 

 

I don't know what Diamonique jewelry you are referring to, but oval is not the shape of a paperclip.  There may be paper fasteners oval shaped, but it's not what everyone thinks of as paperclip.  Elongated would be correct.  

 

Oval shape.

 

See the source image

 

 

 

 

 

Honored Contributor
Posts: 27,380
Registered: ‎05-17-2010

Re: Is Paperclip a trademarked name?

This style never loooked like a paperclip to me. They're actually elongated oval interlocking links....really nothing new since I think one was presented in the Jackie Kennedy shows years ago. 

Honored Contributor
Posts: 10,393
Registered: ‎03-09-2010

Re: Is Paperclip a trademarked name?

Just a descriptive way to explain the shape----I actually have a  chain in that shape from  a piece of costume jewelry from many years ago-----and will wear it too. 

Honored Contributor
Posts: 11,856
Registered: ‎03-10-2010

Re: Is Paperclip a trademarked name?

J397617 is the Diamonique bracelet to which I was referring.  I saw Mary Beth present it and don't remember what she called it, but its "paperclip" to me, so I bought it.