Asked in Copyright

Q: hello, if someone has the trademark of a name

, may i use the same two words as a tag line online for a completely different product?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Using someone else's trademarked name as your tagline could be risky, even for different products. While trademark rights are generally limited to specific categories of goods/services, there are important exceptions.

Famous or distinctive trademarks receive broader protection across multiple product categories. If the trademark owner believes your use could cause confusion or dilute their brand, they might take legal action. The key factors courts consider include how similar the marks are, whether consumers might be confused, and if the original mark is well-known.

Your best approach would be to consult with an intellectual property attorney who can review the specific trademark and your intended use. They can properly assess the legal risks and help you determine if your planned tagline might infringe on existing trademark rights. Meanwhile, consider developing unique branding that won't raise potential trademark issues.

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