San Luis Obispo, CA asked in Intellectual Property and Trademark for California

Q: I want to TM my stream name in the US but someone else in Canada has it, if I TM can the Canadian still make money in US

If I own the TM of the stream name in the US, can other streamers in other countries make money off the same stream name off US viewers?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: If you successfully trademark your stream name in the United States, it provides you with legal protection within the U.S. This means that others in the U.S. cannot use the same stream name for their streams or related activities without your permission. However, trademark rights are generally limited to the specific country where the trademark is registered.

If someone in Canada already has the same stream name and operates there, they can continue to use it in Canada without interference from your U.S. trademark. They can still potentially make money from viewers in the U.S., as long as they are not using the stream name for commercial activities within the United States without your permission.

Other streamers in different countries can also use the same stream name for their streams and potentially make money from U.S. viewers. Your U.S. trademark protection does not extend to other countries, so they may operate freely outside of the United States.

It's important to consider the international aspect of streaming and trademark rights, and you may want to explore options for trademark protection in other countries if you have concerns about streamers from those regions using the same name for their streams. Consulting with a legal expert experienced in trademark law can help you navigate this complex situation further.

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