Austin, TX asked in Trademark for Texas

Q: Can I trademark the slogan, "Bleed Verde" if there is already a slogan trademarked "Bleed Green"?

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1 Lawyer Answer
John Martin Hilla
John Martin Hilla
  • Trademarks Lawyer
  • Livonia, MI

A: It is likely, depending on the difference in the products or services for which that tag-line may be registered, that you will receive opposition to an application for registration with the USPTO.

When considering an application for trademark registration, the USPTO considers the English translations of foreign words for purposes of examining whether a proposed mark is "merely descriptive" or violative of some other consideration.

It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the application.

You should discuss your proposed application with a trademark registration attorney prior to filing an application.

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