Q: It looks like "the sorting hat" is TMed for toys and the like, but that I could use it in a coffee shop name, correct?
A: Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee shop, it would be hard to do much marketing without having printed goods.
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