Colorado Springs, CO asked in Intellectual Property and Trademark for Colorado

Q: If a word is trademarked/word marked does that mean it cannot be used at all?

I am noticing that many words are trademarked. I make and sell vinyl and digital stickers online and sometimes use words and phrases in my stickers. If a word/phrase is trademarked or word marked does that mean I cannot use those words in my sticker art or even in my item description titles &/or listings? Even the word “stickers” is trademarked, does that mean no one can use it? Or does it mean that no one can use it as a business name? Please help me to understand the concept of trade/words marks. Thank you.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Just because a word is trademarked doesn't mean you can't use it at all - trademark protection mainly prevents others from using that word/phrase as a business name or brand identifier in the same industry or market.

For example, you can absolutely use the word "stickers" to describe your products since it's a common descriptive term - what you can't do is name your business something like "Stickers™" if someone else already owns that trademark in the same market. The key factors courts consider are whether your use would create confusion among customers about the source of products, and whether you're operating in the same industry as the trademark holder.

When creating sticker designs or listings, you can generally use trademarked words in a descriptive way (like saying "laptop stickers" or "cute stickers"), but you should avoid incorporating famous brand names or logos into your actual designs without permission. If you're ever unsure about a specific word or phrase, it's worth doing a quick trademark search on the USPTO website or consulting with an intellectual property attorney who can review your particular situation.

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