Asked in Copyright, Intellectual Property and Trademark for Florida

Q: Can I register “Pikapool” word for conpany trademark?

2 Lawyer Answers
John Martin Hilla
John Martin Hilla
Answered
  • Trademarks Lawyer
  • Livonia, MI

A: You should discuss with a trademark attorney. A trademark attorney will, as the first step of the service provided, conduct a thorough search of the Federal trademark register, state registers, domain names in use, and other common law usages of the term to find out if anyone is already using that term in commerce. The attorney will then inform you of the risk (or lack thereof, if you're lucky) involved in filing a trademark application for that term and discuss with you the optimal timing of an application and whether to file the application as an "intent to use" or "already in use," depending on whether you are already providing a good or service with that term attached to customers in interstate commerce.

Generally speaking, "nonsense" words provide the strongest trademark protection because they will not have been diluted by common usage and are less likely to have been already trademarked in full or in part by another registrant.

Jason Brooks
Jason Brooks
Answered
  • Trademarks Lawyer
  • los angeles, CA

A: On a very quick review, there do not appear to be any obvious conflicting registered marks in the USPTO database. While a more thorough review will need to be done to really knock out any potential for conflicts, this is most likely a registrable work, depending on your company and it's channel of commerce. If you would like assistance in this matter, feel free to email me to discuss further: jason@altviewlawgroup.com

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