Can you register a storm?

Registering a trademark for the name of a specific storm (e.g., “Hurricane Katrina”) can be challenging due to the public domain status and widespread use of such names. Trademarks are intended to distinguish goods or services in the marketplace, and names that are already widely recognised in a different context may not meet the distinctiveness criteria required for trademark protection.

In general, it is possible to trademark a storm name under certain circumstances, but there are important considerations and limitations to keep in mind:

1. Eligibility for Trademark

• The storm name must be distinctive and associated with specific goods or services.
• You cannot trademark the name simply because it is a storm name; it must function as a trademark to distinguish your goods/services from others.

2. Ownership of the Name

• Storm names are typically assigned by organisations like the World Meteorological Organization (WMO) or local meteorological offices, and these names are often considered part of the public domain.
• If the name is widely known and used in connection with the storm, it may be challenging to establish exclusive rights to the name.

3. Likelihood of Confusion

• If the storm name is already widely associated with natural events, consumers might not associate it with your business. This could make it harder to enforce trademark rights.
• Conversely, if others are using the storm name generically (e.g., in weather reports or disaster relief efforts), it could weaken your claim to exclusivity.

4. Trademark Classes

• You would need to specify the class(es) for your trademark application. For example:
  • Class 9: Technology products.
  • Class 25: Clothing.
  • Class 41: Education or entertainment services.

5. Examples

• Hurricane Sandy: While not trademarked as a storm name, some businesses have successfully trademarked names of disasters or natural events (e.g., for movies or disaster-relief products) after ensuring no confusion arises with public use.
• Storm names used commercially (e.g., “Katrina” for a brand) may face challenges depending on how well-known the storm is.

6. Risk of Rejection

• A trademark application may be rejected if:
  • The name is deemed too generic or descriptive.
  • There is a risk of public interest conflict (e.g., trademarking “Hurricane Harvey” during disaster relief efforts).

Steps to Trademark a Storm Name:

1. Conduct a Trademark Search: Check if the name is already registered.
2. Choose a Relevant Class: Align the trademark with your specific goods/services.
3. File the Application: Apply with your country’s intellectual property office (e.g., the UK IPO, EUIPO, or USPTO).
4. Respond to Objections: Address any concerns raised during examination or opposition periods.

Hope this helps, and remember, no such thing as bad weather, just bad clothes!