Q: I want to start my own clothing line ‘Marshall Clothing’ my middle name= ‘Marshall’ Will I get sued by Marshall Amps?
My middle name is Marshall and I want to use it for my clothing brand “Marshall Clothing”
I have checked trademark databases and the phrase ‘Marshall Clothing’ is not registered.
However, I realised that the word ‘Marshall’ is highly associated with the company “Marshall Amplifications”
Is my brand infringing on anything? Am I at risk of being sued? Please help
A: Whether a proposed trademark is infringing on another mark depends on many factors and is not limited to trademarks that are registered with the USPTO. Generally speaking, before using a trademark you must ensure that the mark is not confusing with another mark that is currently being used in the same or related class of goods or services (in your case would include clothing, accessories, etc). Consult with a trademark attorney if you need assistance.
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