Q: Can I file a trademark for a brand with an apostrophe? For example O’NEILL brand has a apostrophe after the O.
An apostrophe is used but not necessarily to indicate a plural.
A:
It depends on what industry you are in and whether it is closely related to O'Neill's products sold under this trademark.
If an average consumer could possibly misunderstand your product as from O'Neill's, using the trademark could constitute infringement of trademark right.
Marcos Garciaacosta agrees with this answer
A:
You can include an apostrophe or any other punctuation marks in your trademark as you wish.
However, don't add it just to distinguish your mark from an existing mark that doesn't have an apostrophe. The punctuation marks generally do not significantly alter the commercial impression of a mark. See the explanation that the other colleague has provided.
This post is for public information and is not intended as legal advice. Nor does this post establish an attorney-client relationship. Please consult with your attorney before filing a trademark application.
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.
