Q: Regarding starting up a business under a name that is used by a business in another area of work
There is a magazine company using a name that I would like to use for my clothing brand (I must add that they have registered copyright over this name in the magazine sector but it has since been cancelled section 8). If I were to create a clothing brand under this name and potentially register copyright in the clothing class, would I be liable to any copyright infringement charges from the magazine company? Thanks for your help.
A: This is a trademark question, not a copyright question. If the magazine's trademark registration for printed matter has been canceled, and there is no other current user of the mark for apparel, then you may be able to use and register the mark for apparel. You should consult a qualified trademark attorney to review the matter and give an informed opinion before commencing use or applying for registration.
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