-1

Does the capitalization style/usage or spacing of a registered trademark (wordmark) affect trademark protection?

For example, say the name "MegaCorp" (no space) is a registered trademark with the USPTO. Are capitalization and spacing variations protected as well or must these also be trademarked?

E.g. "Mega Corp", "megacorp"

0

No, it does not.

Trademark protection applies whenever the customer is likely to confuse a name/picture/etc. for a registered trademark. In some jurisdictions, it even goes as far that protection applies whenever it is likely that the marking is associated with the registered trademark.

As Singulaere Entitaet points out, trademark law does not prohibit every single use of a name. For instance, most trademarks are specific to a certain class of products. However, that does not mean that every use outside of this class of products is permitted. The exact details are too complex for a single answer and beyond the scope of htis question.

Source: http://marklaw.com/index.php/trademark-terms-c/343-trademark-confusion-confusingly-similar-2
Source for last sentence of first paragraph: I don't have an online source, but that's the way I learned it in my business administration class.

| improve this answer | |
  • 1
    Answer is incorrect in general as protection is only awarded for specific classes of goods and services the trademark was registered for. Sorry, sTevE. – Singulaere Entitaet Apr 3 '17 at 18:11
  • 1
    @SingulaereEntitaet The question was whether capitalization/spacing affects trademarks. The answer is no because all names that are confusingly similar are protected. The question whether this protection applies in a specific case is a different one. I can still edit that into my answer, though. – fNek Apr 3 '17 at 18:18
  • 1
    @fNek there are plenty of registered trademarks that use identical names and do not infringe each other. Your answer is therefore incorrect. – Singulaere Entitaet Apr 3 '17 at 18:32
  • You pointed out "Trademark protection applies whenever the customer is likely to confuse" an item for a registered trademark. What's if it's really not possible to confuse for a trademark, for example, if I decided to make firefox variant called starfox, will Nintendo have a case if they sew me? – thebunnyrules Feb 28 '18 at 8:08
  • @thebunnyrules This is exactly what Singulaere Entitaet didn't like about my answer: Nintendo has exclusive rights to use the trademark "StarFox" for toy action figures (tmsearch.uspto.gov/bin/…) and maybe some other things I didn't find in my quick online search. That doesn't cover web browsers. If you actually plan on doing this, check with an actual lawyer (i.e., not me). – fNek Mar 2 '18 at 21:06

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.