NeverKnow said:
But ABU isn't trying to trademark "Space" in relation to adult diapers; they've already done it years ago. What Tykables is trying to do would be akin to a company trying to market a new computer, called the "Apple Core". Doesn't matter that apples as a kind of fruit are generic and common; Apple owns the trademark for "apple" in relation to computers.
Apple Computer actually got sued by the Beetles, because they at the time owned Apple Recording Studios. They came to an agreement that Apple Computer would not make hardware that specifically was designed for audio recording. Then some years later the Apple Lisa (iirc) was released with the Ensoniq chip, specifically for playing multivoice music, and they got sued again. Not sure how that turned out. But later they released the iPod and I didn't hear anything over that so I assume they settled or something on the Ensoniq thing.
So yes a generic word
in combination with a market can be a violation of trademark. But people can (and do) sue for anything, it's more a matter of whether or not you have a chance of winning that matters.
"space" may be a bit too vague. Does that cover "outer space"? How about "Space Ships"? Can Ford trademark "fast"? Or can Mars trademark "sweet"? They'll start asking questions about "brand recognition". Does the average consumer in the market think of your specific product when they hear the trademarked phrase? That's the center of trademark right there, brand recognition. You aren't allowed to hitch a ride on that, because you are creating confusion and tricking some customer into buying your product when they thought they were buying someone else's.
If that's the bar you want to use, "fast" in cars or "sweet" in candy doesn't immediately identify a brand. But "space" in diapers... I think that one is going to be recognized by enough people as an ABU brand.
It's also fair to point out this isn't their first rodeo. Tykables used to be Snuggies, which was found to be too similar to Huggies, and that was legally settled and forced them to change their name to Tykables. That will also weigh against them. I don' think they will be able to win this.