Worcester, MA asked in Intellectual Property, Trademark and Business Law for Massachusetts

Q: I intend to register a trade mark.

l want to inquire about the possibility of registering a joint name i.e. "PETER and PAUL". I would like the use both names to label my product or would either use PETER or PAUL separately for the same category of product. Is this allow in U.S trademark law.

2 Lawyer Answers
Joanne Belasco
Joanne Belasco
Answered
  • Trademarks Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: Whatever name you register and get approved with the United States Patent and Trademark Office is what is protected. In your example, if you registered “Peter and Paul,” then you could use that mark. However, if you just used Peter or Paul separately, they would not have trademark protection because they are not what you registered. You would have to do separate trademarks for each name that you wanted protected. This is educational advice and does not constitute legal advice because we do not have an attorney-client relationship. Please feel free to contact me if you would like to discuss the matter further or retain me to file your registration.

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: Generally speaking, you may use the trademark you choose so long as it complies with trademark law, ie. it is not confusingly similar to another trademark in the same or related class/category or misleading, etc. However if you register a trademark, you should use that trademark with the spelling and words that it contained when it was registered (not separately) to avoid a claim of abandonment, etc. Consult with a trademark attorney for more information.

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