Asked in Copyright, Trademark and Intellectual Property for Texas

Q: Is it possible to trademark Flowprops, toys used for dance, under the same class as flowtoys, 28:toys.

Trademark factory said I would be able to because the name is generic but if flowtoys was trademarked I don’t see why I would be able too.

1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
  • Trademarks Lawyer
  • Beverly Hills, CA

A: FLOWPROPS is arguably not "confusingly similar" thus probably registrable. If the description of the use of the goods is sufficiently distinct from that of FLOWTOYS, then it would be more likely to be registrable; for instance, if FLOWPROPS were used for instruction rather than performance. The mark could also be made more distinctive (hence less likely to be confused) with the addition of a graphic element to the text mark. Consult an experienced trademark attorney to advise in the use and registration of your mark.

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