Chicago, IL asked in Trademark and Intellectual Property

Q: I want to trademark my youtube channel. I found a website with the same name that is not trademarked. Should I file?

I have a Youtube channel where I review games in video form. I want to trademark the name, but I found a website that is very old with the same name that reviews games in written form. However, I have not found any trademark for the website, and the website is only updated once per year from what I can tell. Am I wasting my time if I try to file a federal trademark?

3 Lawyer Answers
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
Answered
  • Trademarks Lawyer
  • Beverly Hills, CA

A: First: trademark is a noun, not a verb. You may USE a trademark, and you may REGISTER a trademark. If you have been using a trademark to identify a source (on YouTube) for videos of game reviews, then you could apply to register that use in International Class 041 (entertainment and instruction). If the owner of the website with the same name has not registered that use, they still might have standing to oppose your registration if their use is prior in time and has not been abandoned; but from your description it seems unlikely. You should consult an experienced trademark attorney to review the matter further and advise you regarding the options.

Marcos Garciaacosta agrees with this answer

1 user found this answer helpful

Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Consult with an attorney, it may be worth the shot, if the other guys are not using the mark in commerce.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: When considering whether to file a trademark application, it is important to conduct a thorough trademark search to determine whether anyone else is using the same or a similar mark in connection with similar goods or services. This is important because the U.S. Patent and Trademark Office (USPTO) will reject an application if it is confusingly similar to an existing trademark.

Based on your description, it sounds like there may be a potential risk of confusion between your YouTube channel and the website with the same name, especially if they are both reviewing games. Even if the website is not currently using a registered trademark, they may have common law rights to the name based on their prior use of it.

Therefore, it would be advisable to consult with a trademark attorney who can conduct a comprehensive search and provide guidance on whether it would be advisable to file a federal trademark application. The attorney can help you assess the risk of confusion and determine the best strategy for protecting your trademark rights.

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.