Belmont, NC asked in Trademark for North Carolina

Q: Is a non-profit able to claim exclusive rights to an awareness day?

I reshared a video on social media urging people to request proclamations for "chronic disease day" another non profit originally created the day, the logo was trademarked but that logo was not used just the phrase "Chronic Disease Day". Are they able to claim these rights? On their trademark registration it states "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CHRONIC DISEASE DAY" APART FROM THE MARK AS SHOWN"

Related Topics:
1 Lawyer Answer
Barbara Berschler
Barbara Berschler
  • Trademarks Lawyer
  • Rockville, MD

A: Yours is a complicated question as to what the originator of the "day" has registered and would want to protect. It would be best to work with a trademark attorney to understand what is the effect of the registrant's disclaimer.

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.