Irwin, PA asked in Trademark for Pennsylvania

Q: The word boy dad & girl dad is trademarked. Will I be infringing by using girl dad (space) or boy Dad? TRN 5397597

The owner of trademark sent me this: According to the USPTO, Girl Dad and #girldad infringe on our mark because they would be confused with Girldad. Consider this example, a gentleman applied for a mark using "girl dad" in February (serial number 88805589) and on May 12, 2020 received a document called: "Offc Action Outgoing". Among other things, this document stated: "Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 5192792. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registration". All of the marks listed when you do a search for Girldad, #Girldad, and Girl Dad, have been denied in the same manner. This also applies to boydad.

Related Topics:
1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta

A: They are correct

You should consider an alternative trademark and consult with an attorney

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.