Q: Can someone trademark a phrase that is within my longer trademark?
Is "Wild Daisy Graphics" (my hopeful business name) a different trademark than "Wild Daisy"? I'm afraid that even if I get Wild Daisy Graphics trademarked, then someone can come along and trademark "Wild Daisy" and then claim infringement on me.
A: Whether two trademarks are different or confusingly similar depends on many factors including the similarity/relatedness of the class/categories for the products and/or services represented by the trademarks; whether there is a likelihood of confusion, etc. The USPTO will likely issue a refusal of an application for registration of a mark that utilizes the dominant words of a registered trademark in the same or a related class/category(s). Consult with a trademark attorney for more information specific to your chosen mark and to assist you with the process.
1 user found this answer helpful
There is not a simple a yes or no answer to that question. As the previous answer mentioned, there are a variety of factors that determine whether a mark is infringing or not. An important one to consider is the type of goods and services being sold in connection with the mark.
I would highly recommend consulting a trademark attorney for a full trademark consultation. An attorney can explain your trademark options and help protect your brand. You can contact a trademark attorney licensed in any state, not just the state you are located in.
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.