Fuquay-Varina, NC asked in Trademark and Intellectual Property for North Carolina

Q: If someone has a tagline trademarked, can it be used by another business?

2 Lawyer Answers
James L. Arrasmith
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A: No, if a tagline is trademarked, it is protected intellectual property and cannot be used by another business without permission from the trademark owner. Any unauthorized use of a trademarked tagline may result in legal action for trademark infringement.

N'kia (NLN)
N'kia (NLN)
  • Cary, NC
  • Licensed in North Carolina

A: It depends. Two people may be able to use the same trademark to each sell a different product or service, if doing so wouldn't confuse consumers. [EX: Delta Air Lines and Delta Faucet] However, unless and until a knowledgeable attorney assesses the likelihood of confusion (or lack thereof), it is usually best to altogether avoid using a trademark that someone else is already using.

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