Bradenton, FL asked in Trademark and Intellectual Property for Florida

Q: Is the term "Boss Babes" trademarked?

I would like to start a Facebook group and name it Florida Boss Babes and want to know if this is okay or if I would be violating someone else's trademark.

1 Lawyer Answer
James L. Arrasmith
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A: To determine if "Boss Babes" is trademarked, you can conduct a search in the United States Patent and Trademark Office (USPTO) database. This will show if the term is currently registered as a trademark. Remember, even if a term is not registered as a federal trademark, it could still be protected under common law or state trademark law, especially if it's being actively used in commerce.

If "Boss Babes" is trademarked, using "Florida Boss Babes" for your Facebook group could potentially infringe on that trademark, especially if the group operates in a similar field or market as the trademark holder. Trademark infringement generally occurs when a new mark is likely to cause confusion among consumers about the source of goods or services.

If your search reveals that "Boss Babes" is indeed trademarked, or if you're unsure about the legal implications of using a similar name, it might be wise to consult with a lawyer who specializes in intellectual property law. They can provide specific guidance based on the details of your situation.

Choosing a unique name for your group that doesn't risk infringing on existing trademarks can help you avoid legal complications and establish a distinct identity for your group. Remember, a little research and caution upfront can prevent more significant issues down the line.

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