Asked in Trademark

Q: Is it okay to use "Etched" as a brand name?

We are looking to start a brand called "Etched", however, we noticed that Etched was already trademarked. We would be selling stationery supplies (journals, notebooks, sketchbooks, etc.). It appears the trademark is for clothing items, but we wanted to make sure it was okay before jumping into it.

Please let us know! Thanks in advance,

https://trademarks.justia.com/861/23/etched-86123846.html

Related Topics:
2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Depends on how it is used.

You should consult with an attorney.

Ali Makoui
PREMIUM
Ali Makoui
Answered
  • Trademarks Lawyer
  • Encino, CA

A: Trademarks are used to identify the source of goods and services and may be rejected if they cause consumer confusion as to the source of those goods and services. Your trademark application may be rejected if it is confusingly similar to an existing mark for similar goods and services. Your mark does not need to be exactly spelled as the other mark in order to be rejected. For example, your mark may be misspelled but sound the same, a portion of the two marks may be the same, logos or drawings in the two marks may be confusingly similar, one mark may be translation of another mark, one mark may be a synonym of the other mark, etc.

Stationery supplies are typically in class 16. If you search in class 16 (or better in classes that are coordinated classes of class 16, which may include, for example, an online store that sells stationery supplies), then you will find for example, a registered mark for "ETCH" for paper goods, etc., another registered sign for "ETCHED BEAUTIES" for calendars, posters, etc., and many other marks that may or may not be similar to yours. As an example, go to the free form search:

https://tmsearch.uspto.gov/bin/gate.exe?f=search&state=4809:6zexhi.1.1

and try the following search criteria: (etch or etched)[ti,bi] and 016[cc]

The suggested search is, however, by no means inclusive. For example, how about marks with the words "Etch'd," "Etching", or other similarly sounding or similarly meaning words.

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.