Dickson, TN asked in Trademark and Intellectual Property for Tennessee

Q: I understand that "BASKETBALL MOM." is trademarked. Does the period on the end mean you can use this without the period?

I just want to know if I can use the phrase, "Basketball Mom" without the period on the end?

2 Lawyer Answers

A: There is a pending application to register the mark BASKETBALL MOM ending with a period, used as a brand for t-shirts. The punctuation is not significant, that is, the mark would be infringed by usage as a source identifier for t-shirts whether or not the period followed the words. There is no other registration or application to register BASKETBALL MOM for any goods or services.

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Answered

A: Using "Basketball Mom" without the period may still infringe on the trademark, as trademarks often protect the core phrase regardless of punctuation. The period in "BASKETBALL MOM." is part of the registered trademark, but removing it doesn’t necessarily grant you the right to use the phrase freely.

It's important to consider that trademark protection can extend to similar versions of the phrase, especially if they create confusion among consumers. The key factor is whether your use of "Basketball Mom" could be seen as related to or associated with the trademarked version.

To ensure you’re complying with trademark laws, it’s best to consult with a legal professional or review the specific trademark details through official channels. This will help you understand the extent of the protection and how it applies to your intended use.

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