Trademarks generally may be used in different class/categories so long as there is no likelihood of confusion as to the source of the goods or services. For example, one user may register a mark for clothing goods, while another may register the same mark under a different unrelated class such as...Read more »
The ability to register a trademark depends on many factors including whether the mark is merely descriptive, whether there will be a likelihood of confusion between the mark and another registered mark, particularly when the marks are in identical or related class/categories of goods or services,...Read more »
There are many factors that are taken into account on a claim of trademark infringement. Generally speaking, trademark infringement is the unauthorized use of a trademark in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake among consumers...Read more »
If there is a trademark registered in the same class or related class of good or services, then using that trademark could result in a claim of infringement. Also, note that trademarks that are not registered may have also acquired common law rights so a full clearance search should be conducted...Read more »
If our AAU team wants to use the Bulldogs or Cardinals as its logo on apparel but does not use the same font, style, or color, is it possible to use that logo with different colors, styles, and text although it may be trademarked?
If there will be a likelihood of confusion between the two trademarks, then there will likely be a claim of infringement, especially when both marks are in the same class/category. Also, using a different font in a logo will not overcome the similarity of 'sound' between the text portion...Read more »
Adding a hyphen in the middle of a trademarked word or phrase is usually not enough to overcome a likelihood of confusion registration rejection for trademarks that are virtually identical and operate within the same class.
I want to trademark the phrase for a blog and book called "Finally Legally Blonde". No one owns the trademark for finally legally blonde though there are several related to the movies Legally Blonde and then salons playing on it too. Can I use finally legally blonde?
It depends on whether there is a likelihood of confusion between your trademark and the similar trademark. Generally speaking, adding an adverb to the beginning of a trademark in a related class of good or services is usually not enough to overcome the likelihood of confusion among consumers.
The Cancelled Sec. 8 status refers to a trademark registrant who has failed to file renewal of the trademark registration. It does not mean that the registrant stopped actually using the mark nor that some other user is not using the trademark in commerce. Such users would still have common law...Read more »
The second registration would likely be refused by the USPTO on the basis of likelihood of confusion with the previously registered trademark since a consumer could be confused as to the source of the goods they are purchasing.
You should consult with an attorney before proceeding since there are many legal and business factors to consider. The trademark registration may be "dead" as to one trademark user but perhaps still in use by that user (or some other user who may have common law rights). Also the...Read more »
If you are using the name of your LLC as your trademark, you may have a claim against a later user of the same trademark if there is a likelihood of confusion between your trademark and the other trademark.
I’m working at a non-profit, not selling anything. Another person is selling something, doesn’t have a trademark, and asked us to stop using it. I’m sure she’s going to get a trademark. What would be our best course of action?
If you are using the logo as your trademark, to indicate your organization as the source of the goods or services you provide, then you may have priority over someone who uses a confusingly similar logo. Consult with a trademark attorney to determine your specific rights. You may be able to oppose...Read more »
You should work with a trademark attorney to assist you with a trademark clearance search to find any identical or confusingly similar trademarks that are either registered or may be in use (and have acquired common law rights against infringement).
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