Can 'Astrocartography' Be Trademarked? A Legal Breakdown

When the astrology community learned that "Astrocartography" had been registered as a trademark in France, one question came up immediately: how is that even possible?

It's a fair question. The short answer is that trademark offices sometimes approve applications without conducting deep prior-art research into niche professional communities. The longer answer involves understanding trademark law well enough to see why this registration is contestable — and why the challenge may succeed.

How Trademarks Work

A trademark is a word, name, symbol, or phrase used to identify the goods or services of one business and distinguish them from those of others. The key function is commercial identification — a trademark tells consumers who is providing a service.

In most jurisdictions — including France and the EU — you can register a trademark by filing an application. Offices conduct some review, but they don't catch everything. Registrations can be granted for terms that shouldn't legally qualify, especially when the reviewing office lacks expertise in the relevant industry.

The Genericness Problem

Here's the fundamental issue with the Astrocartography trademark: generic terms cannot be trademarked.

A generic term is one that describes a category of goods or services rather than a specific brand. It belongs to everyone in the industry. Classic examples of terms that went generic and can no longer be owned by any one company include "aspirin" (once Bayer's trademark) and "escalator" (once Otis's trademark).

"Astrocartography" is the name of a method — a technique, a category of astrological practice. It's not the name of one person's specific brand. It's the genre, not the brand.

Descriptive vs. Generic: The Legal Distinction

Trademark law distinguishes between terms that are merely descriptive (which can sometimes be trademarked if they've acquired secondary meaning over time) and terms that are generic (which can never be trademarked). "Astrocartography" falls on the generic side of this line. It's not describing the qualities of one practitioner's service — it is the name of the technique itself. It's equivalent to a piano teacher trying to trademark the words "piano lesson."

Prior Use and the Public Domain

One of the strongest arguments against the Odegard trademark is fifty years of prior generic use. Jim Lewis coined the term in the mid-1970s. It appeared in print, in professional publications, in academic and semi-academic discourse, and in commercial offerings by hundreds of practitioners — none of them Kristine Odegard.

In trademark law, prior use of a term in its generic sense is powerful evidence against trademark validity. The EU trademark system allows third parties to challenge registrations on exactly these grounds.

The EU Opposition Process

When a trademark is applied for at the EUIPO (EU Intellectual Property Office), there is a three-month opposition window after publication of the application. During this window, anyone with a legitimate interest can file an opposition.

The Astrological Association's formal response — including the petition gathering community signatures — is building evidence for exactly such a challenge. Signatures from professional astrologers who use the term generically strengthen the argument that "astrocartography" is industry vocabulary, not Odegard's brand. Read more about the petition and how to sign it.

What "Genericness" Requires in Practice

To successfully challenge a trademark on genericness grounds, you generally need to demonstrate:

1. The term is the primary way the relevant industry refers to a category of services
2. The term was in use as a generic descriptor before the trademark application
3. The professional community understands the term as a category name, not a brand name

On all three counts, the case for "astrocartography" being generic appears strong. The term was coined fifty years ago, has been in continuous generic professional use since, and no one outside of this specific dispute has ever treated it as a brand name.

The Bottom Line

Trademark offices can and do grant registrations for terms they shouldn't. The mechanism for correcting these errors is the opposition and invalidation process — which is exactly what's now underway. The legal argument for invalidation appears solid. The harder challenge is practical: mounting a legal opposition takes resources, documentation, and organised community response.

That's why the Astrological Association's petition matters. And for the full picture of how this situation developed, read our complete coverage of the Astrocartography Trademark Controversy.