Brooklyn, NY asked in Intellectual Property and Trademark for New York

Q: Can I trademark my blog name if someone else recently started using it for their brand. It is not registered by either

I’ve had the name longer but they’ve used it first in commerce and it is Not registered

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

A: The US is a "first to use" jurisdiction in terms of trademark registration and not a "first to register" jurisdiction. If you were first to use the name and the first to apply to register the name, potentially, you should speak with a trademark registration lawyer--and I'd be happy to do so--regarding filing your application ASAP.

The trick with registering a blog name is the question of the product or service the blog-name identifies to consumers. Trademark protection is not like copyright protection that way: it doesn't protect your "artistic work" but, rather, consumers' right to know what they are buying & from whom.

If your blog is just some level of online diary and you are not selling anything--it may not be registrable.

But speak with an attorney. Many, such as myself, offer free consultations to clients nationally and via telephone or Skype, etc.

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