Asked in Business Formation and Trademark for Massachusetts

Q: Do I have to get a license to use the Red Sox B Service Mark in order to use it as a small part of my business name/logo

The Red Sox ‘B’ Service Mark, while used almost exclusively by the Boston Red Sox, is more closely aligned with representing the city of Boston as a whole… my business name utilizes the term BOSSTOWN, and I would like to use the ‘B’ Service Mark for the B in BOSSTOWN. The two businesses are separate, as red sox are sports, whereas my business focuses on Live & Recorded Music as well as Film & Television Production & Distribution.

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1 Lawyer Answer
Michael Ray Smith
PREMIUM
Michael Ray Smith
Answered

A: I see that you posted your question not only under Business Formation but also under Trademark. That's good because you need the advice of an intellectual property lawyer, someone who practices trademark law regularly. There are a number of factors to consider. Depending on the answers, the answer to your question coud be clear-cut or it could be a very close call. If you don't get an answer from a trademark lawyer through this question, I encourage you to search the Justia lawyer directory for a lawyer in Massachusetts who practices intellectual property law in general or trademark law in particular. A lawyer who claims the specific practice area of trademark law may or may not have more experience in trademarks than one who claims the more general practice area of intellectual property law, so search for both.

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