Q: Hello I have a question about HOLLYWOOD WALK OF FAME - Trademark Details.
So I'm interested if i could for example create my own trademark with the name like Miami Walk Of Fame with my own unique design ? And would i get any trademark infringement from the following trademark? So basically I am asking may i use the "walk of fame" phrase part in my name for the company?
I'm a little unclear as to what you're intending to do ...
If you adopt a mark that is confusingly similar to the Hollywood Walk of Fame, you will likely be accused of infringement by the mark owner. However, if you just adopt a portion of the phrase and/or alter it significantly, your risk will be lower. A lot of companies have "_____ Walk of Fame" marks, so your adoption of this latter phrase could be permissible.
There is also a possibility the trademark office will insist you explain why "Miami Walk of Fame" is not too descriptive. Such a rejection is manageable to argue around, but you should enlist the help of a trademark attorney to do so. For example, you may also need to disclaim "Miami" if it geographically descriptive of where you're intending to use this mark.
Please consult a trademark attorney before you embark on this project.
A: Hi! You might be okay, but I would recommend consulting with an attorney to talk more about potential issues with this name and logo. Trademarks is a complex area and it can be hard to predict what trademarks will be refused or ultimately get an office action.
It depends on your trade (service) mark will be confusingly similar, a likelihood that consumers are likely to assume (mistakenly) that they come from a common source.
A thorough research needs to be done before you file the application. It'd be wise to retain an attorney to do that.
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