Saint Charles, MO asked in Trademark and Intellectual Property for Missouri

Q: If the word Thankful is trademarked for clothing, how are there so many stores selling T-Shirts with the exact saying?

These T-shirts are everywhere on platforms like Etsy.

2 Lawyer Answers
T. Augustus Claus
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Answered

A: The use of a trademarked word like "Thankful" on clothing may be subject to various factors, including the scope of the trademark and any potential licensing agreements. If you believe someone is infringing on a trademark, you may want to report it to the trademark owner. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

James L. Arrasmith
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Answered

A: Trademark rights are intended to prevent consumer confusion regarding the source or origin of goods or services. Even if the word "Thankful" is trademarked for clothing, it doesn't necessarily mean that no one else can ever use the word on clothing. The trademark holder has the right to prevent others from using it in a way that would cause confusion among consumers.

However, common words like "Thankful" can be more challenging to enforce, especially when used in ordinary, descriptive, or expressive contexts. Additionally, not every instance of infringement is pursued by the trademark holder. On platforms like Etsy, some sellers might be unknowingly infringing, or the trademark owner might not have taken steps to enforce their rights.

If someone feels their trademark is being infringed upon, it's their responsibility to enforce their rights, usually starting with a cease and desist letter. Lastly, always consult with an attorney when considering trademark issues or potential infringement matters.

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