Mahomet, IL asked in Intellectual Property and Trademark for Illinois

Q: Is this legal to use on a tee shirt of your own design https://trademarks.justia.com/858/68/supreme-85868057.html

Can that trademark be used on a shirt like at https://mikethebear.com/

1 Lawyer Answer
Michael Gerity
Michael Gerity
Answered
  • Trademarks Lawyer
  • Phoenix, AZ

A: Hello. The trademark application in the link actually never got registered. They filed the application as an "intent to use" application, meaning that they were not using the mark in commerce at that time, but intended to do so at some time in the future. Their application was allowed back in 2014, but with an intent to use application, the applicant eventually has to submit proof that they have started using the mark in commerce (called a "statement of use"). You are allowed six months to file that statement of use, but can get up to five extensions for six more months. They used up all five of their extensions, but still never filed the required statement of use, so the application was abandoned as of April of this year. In order to seek protection again, they would have to start over from scratch with a new application.

As such, that particular filing doesn't cause an immediate problem for your desired use. However, understand that this applicant may well have finally started using this mark in commerce, and if they did so, they would have priority over you for any such use. In other words, even though that application was abandoned, it's still a big red flag that you need to be concerned about what they might be doing with that mark.

Of course, there may well be other trademarks out there that could cause you a problem as well. I have not done a search of any sort, and have only examined the links you provided.

***PLEASE SEE THE DISCLAIMERS AT THE BOTTOM OF THIS PAGE***

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.