Q: Is it going to be possible to trademark blue ivy carter even though blue ivy is already trademarked?
A:
It depends. There is no concrete yes/ no answer. If you are planning to use the "blue ivy carter" trademark to identify goods or services in a completely different class than the one that is already trademarked class, then it may be possible to get a trademark registration with USPTO. However, if you plan to use the "blue ivy carter" mark in a similar industry as that of registered trademark, then it will be infringement. If you intend to get a trademark in the same or similar class of goods or services, then you most probably will receive an office action about the similar registered mark from USPTO. It is also possible that the current owner of the "blue ivy carter" may file an opposition filing on your planned application in future with the USPTO.
Disclaimer:
The response is general in nature and cannot be construed as legal advise. If you would like to have legal advise, then please consult any competent trademark attorney or me privately to discuss your case and establish proper attorney-client relationship. You can reach me at my website https://affordabletrademarkattorney.com/
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.
