Minneapolis, MN asked in Trademark for Minnesota

Q: We would like to use "Born to Sparkle!" on a shirt for a fundraiser. "Born to Sparkle" without the "!" is registered.

Would this be okay?

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

A: The pertinent question to ask when analyzing possible trademark infringement is whether or not there would be a reasonable likelihood of confusion between the two marks. So, ask yourself if leaving off the exclamation point would make it so a potential customer would not be confused that your products were separate from those with the registration.

With that said, note that trademarks are specific to the type of goods and/or services with which they are offered. You don't say what kind of products and/or services the other mark is registered for, but if the registered mark is used with something totally unrelated to your use (shirts and/or fundraising services), then that might change the analysis.

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