Austin, TX asked in Trademark for Texas

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

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.