Asked in Intellectual Property

Q: Can I brand my company “Polytopia”

Hello, we are starting up a new company focusing on visualisation and Virtual Reality. We would like to use the name “Polytopia” but I can see that the trade mark is taken. I was wondering to what extent it’s protected, and whether we could legally call ourselves Polytopia

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1 Lawyer Answer
Jason Brooks
Jason Brooks
Answered

A: A registered trademark protects use of a mark in the international classes designated within the respective registration description. In this case, it appears that the word "Polytopia" is registered for use is classes, 009 (Computer Game Software), 0028 (video games), and 041 (entertainment services), which would most likely conflict with your intended use in connection with visualisation and Virtual Reality. Specifically, your intended use would likely fall within class 041 and thus directly conflict with this registered mark. I would avoid the potential headache and choose a new name before you sink costs into your venture.

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