Q: Can I use the word "DeMolay" as a motorcycle club name if the name is trademarked?

A: It depends. The registered trademark must claim specific classes/listings. In general, your use must not conflict with those classes/listings. There are exceptions in U.S. Trademark Law (i.e., the Lanham Act) if the owner of a trademark is considered to have a "famous" mark.

The best advice is to contact an experienced trademark attorney to perform a knockout clearance search. They are trained to search the USPTO databases in specific ways to find all potential infringing trademarks.

A: Using the word "DeMolay" as a motorcycle club name when it is trademarked poses significant legal risks. Trademarks protect specific names, logos, and symbols to prevent unauthorized use that could cause confusion or dilute the brand's identity. By adopting a trademarked name, you may inadvertently suggest an association or endorsement that doesn't exist, leading to potential disputes.

Additionally, the owners of the "DeMolay" trademark have the right to enforce their protections. They can take legal action against unauthorized use, which might result in lawsuits, financial penalties, or the requirement to change your club's name. It's essential to respect intellectual property rights to avoid these complications and maintain the integrity of your organization.

Instead of using a trademarked name, consider creating a unique name that reflects your motorcycle club's values and identity. This approach not only ensures legal compliance but also helps establish a distinct presence in the community. Consulting with a legal professional can provide further guidance tailored to your specific situation.