Q: If something is trademarked, does that mean I can't use it as a name as and artist? Denizen used by Levi's specifically.
I wanted to know if I could use it as an artist even though they use it for a line for their clothing. Does the fact that I'm not selling jeans with it make it ok?
A:
Maybe yes, maybe no. The trademark world is divided into 45 different categories (also known as classes). Each class represents a different group of goods or services. If Levi's has the name Denizen trademarked for jeans then they likely have a trademark in class 025 (the class for clothing). If you wanted to get a trademark for Denizen as a recording artist / performer then you would likely get the trademark in class 041 (the class for entertainment services). Sometimes, the USPTO (US Trademark Office) views classes as having overlap. In this instance, you would likely be okay to use Denizen as an artist but it is in that uncertain grey area where it's not 100% clear. I advise you have a trademark attorney look more into this specific question for you. If you need any help feel free to email me at benjamin@korraylaw.com
Thank you!
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