Aurora, CO asked in Copyright, Intellectual Property and Trademark for Colorado

Q: Can I use trademark Masha and the Bear to name my cafe?

1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Intellectual Property Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: Contact an intellectual property lawyer for all the details. If you do not own the trademark and the name (and/or image is registered as active), the use of the mark is possible, but you must be careful (and be aware that you may receive a cease and desist letter). For trademarks the issue is brand confusion, so part of the legality of the mark's use related to the pre-existing use. If there is an overlap in type of use and the name is registered federally or in Colorado, you likely cannot use the mark. If the mark relates to an unrelated trade/business and would likely not create brand confusion, you likely can use the name. Be aware the trademark owner may still object. Lastly, the use of an unique logo is all but guaranteed to be trademark infringement.

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