Q: I intend to title my LLC , Moving Humanity Forward. These words were trademarked by General Motors. Can I use this?
I first used this concept, Moving Humanity Forward, in a commencement speech at my Master's Degree graduation ceremony. General Motors seems to only be using this in advertising their partnership with NASA. I appreciate any feedback.
A: Since GM has already trademarked that phrase, I think you would have to use another phrase, e.g. "taking humanity forward," etc.
Marcos Garciaacosta agrees with this answer
A:
I think you should have a consult to explore the scope of the filing from GM.
You could try a variation, so that it does not overlap with what is already registered.
Also, trademarks are for specific uses, services or products. It will depend on what the use is that you intent to give the mark.
Although an LLC name is not per se a trademark, it can be used as such, so you should tread lightly.
A:
I disagree with Mr. Grossman, and for the most part agree with Mr. Garciaacosta. The core of trademark law is consumer confusion. Whether there is depends on the similarity of the product/service. There are many names/brands/marks that are identical, but because they're in different industries, consumers aren't likely to mistake the source of the product or service. In your case, the GM mark is still just an application (no. 87668951) , and has not matured into an issued registration. It is filed only in class 35 (service class for Advertising; business management; business administration; office functions). The specific type of services to which the registration is limited are for "Promoting public interest and awareness of universal mobility, connectivity and technology solutions." So, if your business is not going to offer identical or similar services, the odds are much better that there is no issue.
Most beneficially, GM may not get a trademark registration because the examining attorney refused it. To see the history of the application process go here: https://tsdr.uspto.gov/search.action?sn=87668951 and select the documents tab.
Because selecting a business name or brand can be a critical part of commercial success, I recommend budgeting for some legal services to ensure that you're not going to run into problems down the road. There are serious consequences for trademark infringement, including having to disgorge (pay) your profits to a trademark owner! Get a clearance opinion so that you know your further investment in business development won't be wasted. I have done many such opinions for clients and would be happy to help. Good luck!
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