Bronx, NY asked in Contracts, Copyright and Gov & Administrative Law for New York

Q: Can I create a brand called s.c.u.m or would their be a conflict ?

2 Lawyer Answers
Giselle Ayala Mateus
Giselle Ayala Mateus
Answered
  • Intellectual Property Lawyer
  • New York, NY
  • Licensed in New York

A: It is important to understand that brand and trademark are different concepts. You can create a brand using that designation, and from a marketing point it might be alright. However, from a legal standpoint it is a best practice to go through a clearance process thinking of trademark and copyright law.

Timothy John Billick
Timothy John Billick
PREMIUM
Answered
  • Intellectual Property Lawyer
  • Seattle, WA

A: A clearance search involves at least a search on the USPTO trademark database (aka "TESS") as well as various third party search engines over the exact name you seek; as well as names that are similar in sight, sound, and/or meaning.

You also have an acronym of "SCUM" so it would also behoove you to search for full text phrases that could form the acronym of SCUM as well.

Whether or not a conflict exists (assuming you mean a likelihood of confusion), would depend on how you're using the mark as well as how others are using the mark. This is a very fact-intensive inquiry and should be conducted by a qualified trademark lawyer.

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