Mount Pleasant, UT asked in Trademark for Utah

Q: If my product is not one listed in 'goods and services' can I still use the trademarked word?

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2 Lawyer Answers
Stephen Kontos
Stephen Kontos
Answered
  • Trademarks Lawyer
  • Bloomfield Hills, MI

A: It's possible, but you should talk to a trademark lawyer to confirm. If the federal registration does not list your particular goods or services, the owner of the mark may have acquired state or common law rights with respect to the mark used with your intended goods or services. The federal registration is only part of the picture. You should talk to a trademark lawyer to minimize your risk of infringing someone's trademark rights.

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Timothy John Billick
Timothy John Billick
PREMIUM
Answered
  • Trademarks Lawyer
  • Seattle, WA

A: It is also possible that the goods/services you intend to use are within the senior user's "zone of natural expansion." In other words, if your goods are even "related" to their goods, you could still be at risk of infringement.

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