Asked in Trademark for Florida

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?

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

A: 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.

Nicole Schaefer
Nicole Schaefer
PREMIUM
Answered
  • Trademarks Lawyer
  • Beaverton, OR

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.

Linda Liang
Linda Liang
PREMIUM
Answered
  • Trademarks Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: 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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