Denver, CO asked in Trademark for Colorado

Q: Does the "Spikeball" trademark held by Kankakee Spikeball restrict use of words Spike Ball on shirt designs?

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1 Lawyer Answer
Evelyn Suero
Evelyn Suero
  • Trademarks Lawyer
  • Miami, FL

A: Ability to legally use a trademark depends on many factors. If a trademark is registered and being used in a class/category that is similar or related to your proposed class/category, then that trademark could prevent your trademark from being registered. Additionally, using the trademark could be deemed infringement. However, it is also important to determine if there are any other similar trademarks in use (that may or may not be registered) because those trademarks are also protected by law. Consult with a trademark attorney for specific information.

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