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.
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.
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.
