Seattle, WA asked in Copyright, Intellectual Property and Trademark for Washington

Q: Is the term/name “Wheel of Calamity” trademarked or copyrighted in any way?

Intend to start a social media company under this title and want to verify its Existence amount other trademarked intellectual property.

2 Lawyer Answers

A: The best answer you will get to this question is from a trademark attorney who has conducted a legal analysis based on a clearance search. I highly recommend that you hire a qualified attorney to do this before you start spending money on advertising and then realize that you will have to rebrand because you are infringing another's registered trademark. The next step is to apply for a federal trademark registration to protect your brand from would-be infringers.

James L. Arrasmith
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Answered

A: I do not find any active trademark registrations for "Wheel of Calamity" in the USPTO database. However, as trademark status can change frequently, you should perform your own current search through the USPTO website (uspto.gov).

Before launching your social media company, it would be wise to conduct both trademark and copyright searches. While names and titles alone typically cannot be copyrighted, distinctive logos, artwork, or creative content associated with the name might be protected by copyright law. Consider working with an intellectual property attorney to perform comprehensive searches.

To protect your brand, you might want to consider filing your own trademark application once you've verified the name is available. This can help prevent others from using similar names that might confuse consumers in your market space. Keep in mind that trademark rights can also exist through common law usage, even without registration, so thorough research beyond just registered trademarks is important.

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