Spring Valley, NY asked in Trademark and Intellectual Property for New York

Q: Hi, in regards to serial number 78560250, or trademark "home sweet home" can I use the slogan in a diferent font

I am wondering if I can use this slogan of

home sweet home as a slogan for real estate purposes on promotional items, for example a spoon or a corkscrew. Is it ok to do if it is in a diferent font?

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

A: Although the phrase HOME SWEET HOME has been registered as a trademark for air fresheners, it remains a common expression and has not been commercially appropriated for any other purpose. As long as you are not advertising air fresheners, there is no likelihood of confusion. Certainly in the context of real estate, the phrase has a natural application and its use is permissible.

James L. Arrasmith
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A: Using the slogan "home sweet home" in a different font for promotional items related to real estate may still potentially infringe on the trademark, especially if it leads to consumer confusion with the original trademark. It's advisable to consult with an intellectual property attorney to assess the risk and explore whether your usage may constitute trademark infringement or if there are ways to avoid potential legal issues.

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