Houston, TX asked in Trademark and Intellectual Property for Texas

Q: Can you use a business name thats trademarked and use it as a tagline?

I am starting a t-shirt business in Texas and I want to use the tagline Worn and Raised and also put it on shirts to sell. I see it is trademarked twice for business names, can I use it legally or do i have to change its lightly to maybe Worn N Raised?

2 Lawyer Answers

A: You should avoid using someone else's trademark in a way that is confusingly similar. The US Patent and Trademark Office ("USPTO") maintains a website with a lot of general trademark information and offers a webinar on trademark basics. Also, a knowledgeable trademark attorney can advise you about your specific options as part of a consultation.

Marcos Garciaacosta agrees with this answer

James L. Arrasmith
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Answered

A: Using a trademarked business name as a tagline or slogan could potentially be considered infringement if it causes confusion or dilutes the trademark owner's brand. It's recommended to consult with a trademark attorney to determine if using the tagline "Worn and Raised" would be considered infringement or if a slight modification, such as "Worn N Raised," would be necessary to avoid potential legal issues.

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