Q: Could I trademark "I Love Web Development"? If so, what if "I Love Web Development & Design" is already trademarked?
I'm not sure it can be registered as it may fall under either "suggestive" or a "descriptive" mark - the service for both is in the name - web development. I'm also not sure if I could be sued for copyright infringement/financial loss by earlier adopters of very similar names offering the same service? It is extremely difficult to figure out/research every single variation such as Like vs Love in a name which leads me to believe the only way to do it properly + avoid legal issues is with a fanciful or arbitrary name with no marketing value? Thanks!
A:
When viewing trademarks at a more theoretical level, imagine a food packaging label. You’ll have the trademark on the first line and then on the second line you have a description of the product. So, for this made up example:
Topaz
Artisanal Artichoke Hearts – Sourced and Packaged with Southwest Pride
Topaz is the protectable trademark part – which indicates the source of the good, the artichoke hearts (the company packaging/selling that can). So a fanciful mark can be followed by a description. This might mitigate some concern about using a fanciful mark.
Consider hiring a trademark attorney to do a thorough search and analyze the facts specific to your situation.
This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring a lawyer to review the specific facts to your individual situation.
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