Q: I found a phrase I'd like to use on my merch as a registered trademark. Would using it be an issue?
I would like to use the phrase "I podcast where you vacation" on merchandise, like clothing and stickers. I found that phrase registered as a trademark name. It seems to be the name of some podcast on youtube, which has been inactive for 9 months. Would using that phrase on merch along with the name of my company be an issue?
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A:
Using the phrase "I podcast where you vacation" on your merchandise could potentially lead to legal issues. Even though the podcast that registered this phrase as a trademark has been inactive for nine months, the trademark registration could still be valid. The trademark owner may have rights to the phrase, especially if it is still registered and in use for specific categories like clothing or merchandise.
If you use this phrase without permission, the trademark owner might pursue legal action for trademark infringement, which could result in fines, legal fees, or the need to cease using the phrase. It's important to consider that trademarks are protected to prevent consumer confusion and to preserve the owner's brand identity.
Before proceeding, you may want to explore options like contacting the trademark owner for permission or considering a different phrase for your merchandise. It could save you from potential legal complications down the road.
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