Burlingame, CA asked in Trademark for California

Q: Am I allowed to trademark a part of a phrase that has an unofficial trademark?

If a vitamin company has a trademark for the phrase "Good Riddance™" , would I be allowed to trademark product names with that phrase, but add a word before that so that the entire phrase for an example product would will be "Acne Good Riddance ™" for my vitamins?

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2 Lawyer Answers
Tania Maria Williams
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Trademarks Lawyer
  • West Palm Beach, FL
  • Licensed in California

A: If they are using the TM, they do not have a registered mark. However, trademark is based on use so they may still have common law rights in the mark. Also, adding the word acne likely won't solve the likelihood of confusion issue if you're both selling the same class of goods. Feel free to contact me to discuss how we can build a brand you can protect.

Evelyn Suero
Evelyn Suero
  • Trademarks Lawyer
  • Miami, FL

A: It is possible to infringe on an unregistered mark. Adding a word to a trademark does not defeat the possible likelihood of confusion among consumers nor trademark dilution. You should consult with a trademark attorney for more information.

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