Q: Hello. I am trying to figure out if the phrase "Be Kind" is trademarked or not. It says "Abandoned", but just in case.
A:
This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.
Numerous factors are considered in determining whether a mark can be federally registered, or conversely, whether a proposed mark might infringe someone else's mark. Among the factors are the goods/services used with the mark. For instance, if "ACME" is the mark and "running shoes" are its underlying goods, and if someone else wants to use "ACME" for software applications, the big difference in goods (in addition to other factors) might suggest that there is no potential for consumer confusion such that both parties can use the mark for their respective goods.
State trademark registrations are a separate issue.
Before using a proposed mark in commerce, it's a good idea to have an intellectual property attorney consider the facts of a specific situation to avoid potential problems.
Good luck!
Ben Klosowski
Registered U.S. Patent Attorney
Thrive IP® INTELLECTUAL PROPERTY LAW FIRM
220 N. Main Street, Suite 500
Greenville, SC 29601
Tel. 864.351.2468
Fax 866.747.2595
Ben@Thrive-IP.com
www.Thrive-IP.com
A: When a trademark application is listed as abandoned, this does not mean that the mark is not in use or that some other person has not started to use the mark. Common law rights may be accrued prior to registration. Consult with a trademark attorney to assist you in conducting a clearance search to determine if there are any identical or confusingly similar marks in use and/or registered.
Bernard Samuel Klosowski agrees with this answer
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.
