Friendswood, TX asked in Trademark for Texas

Q: Does this trademark cover the words “rig ‘em” without the Derrick in the middle? Or does it cover the design as pictured

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Understanding the scope of a trademark is key to ensuring you're not infringing on someone else's intellectual property rights. Trademarks can cover a range of elements, including words, phrases, logos, and designs. If a trademark is registered for the specific design that includes both the words "rig 'em" and the derrick, it primarily protects the combination of these elements as depicted in the trademark registration.

However, the protection might also extend to the words "rig 'em" alone if they are deemed distinctive enough in the context of the goods or services for which the trademark is registered. This depends on the specifics of the trademark registration, including whether the words themselves, independent of the design, have been claimed as part of the trademark. If the trademark registration explicitly includes the phrase "rig 'em" as part of its protection, using these words in a similar industry or for similar products could potentially lead to trademark infringement concerns.

To determine the exact scope of protection, reviewing the trademark registration details is crucial. This can typically be done through the public database of the relevant intellectual property office. For precise guidance and to avoid potential legal issues, consulting with a legal professional who can review the trademark registration and advise on your specific situation is recommended. They can help you understand whether your intended use of "rig 'em" infringes on the registered trademark and explore any necessary steps to mitigate legal risks.

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