Questions tagged [trademark]

A trademark is a sign, logo or design of some kind that distinguishes a particular product or service (or its provider or source) from others.

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How to make an indie app to "belong" to the legal company?

Lets say I have a created an app that I now want to start a company for. Company will be a 1-person company who's only product will be this app. What will define what from now on the app's ...
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Bypassing trademarks by changing words if a name is a combination of multiple words

It is possible to avoid trademarks by changing them slightly, such as replacing words if a name is a combination of multiple common language words? I have seen various media (video games, films) re-...
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Website URL & blog name - Trademark

I have a plan to create a general blog related to technology and internet marketing and I have chosen the name "LearnIT" and while registering the domain name I found there is already a ...
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Can you trademark the appearance of a word?

Can you trademark the appearance of a word? For a common word such as "sky", a trademark will only be granted for a very narrow set. That's what I was told, but what about the appearance of ...
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Can copyright or trademark protection of names expire because they have become common?

Can the copyright protection of the own names from books, like the names of the monsters, expire because they have become a common words? For example, if a very popular MMORPG game have included giant ...
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52 views

What IPs does my personal coding project have?

Hi I am a software engineering student, say I code a random personal program and upload it as a website. And I make the code closed-source. What IPs/trademarks/copyrights do I automatically have? I ...
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What is a "representation of a registered trade mark[,] together with the registered particulars of that trade mark"?

What exactly does the embolded phrase below mean??? Are there examples of such representations? Please demystify it in simple English. Pretend I am an average naive 17 y.o. who does not know the law. ...
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114 views

Website cloning is legal?

Is using CSS, Javascript, HTML, or images from other websites on our website illegal because the contents may involve trademark or copyrighted assets? I am using lot of partial or full content from ...
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Can we be sued for using a meme for naming our company?

Once something like a meme goes viral and is widely used by people, it cannot legally function as a trademark, he said. It will typically take the office around four months to deliver a decision on ...
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Can you trademark a word in a dictionary?

Can you trademark a word in a dictionary? https://www.theverge.com/2013/7/31/4574878/microsoft-skydrive-name-change-bskyb Sky trademarked the word Sky, so I am wondering if words such as Tornado, ...
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Do you need to do something when your movie's title has the same name as the title of another movie?

Let's say your film's title is Black Pirate, which coincide with the name of a DC Comics superhero. Is this copyright infringement? What if Black Pirate also referred to the name of a character. Is ...
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Pulled off Amazon on a specious trademark claim

Selling products on Amazon, I've had a listing pulled over "trademark violation" for mentioning that an HVAC sets come with acme fittings and/or acme adapters. Is there any way that this ...
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Is the register by the U.S. Patent and Trademark Office seachable by the public?

Is it possible to review the data base of existing marks beforehand? Or must one assume the government's data base is in perfectly good order?
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Is the Lanham Act used to protect commercial trademarks? or for protecting the public from fraud?

My research has led to unexpected discoveries and areas of learning relevant to the artisan. Academic paper by Lemly refers to an academic paper by Brown only two years after the Lanham Act was ...
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What are "divisional patent applications"?

"...from November 5, 2020, there is a New Mexican IP Law in force, which has established new legal concepts and has brought light to some Practice areas which before this New Law, were imprecise ...
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Start selling without registering the trademark

I've been reading a bit about trademarks, and I sort of understood that, if someone register the mark, but I was using it already, then I won't be infringing. So if my business is not going to rely a ...
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Can a developer use someone else's product name as an Open Source project name?

Suppose that an open source developer wants to use the product name ninjago owed by Lego for the name of an Open Source project. Is it allowed to base the project name on Lego brand? Also can the ...
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Can a game asset violate a trademark or a patent of a product?

Can placing a model of a real life recliner/keyboard/car in my commercial game, violate the trade-dress/trademarks/patents of the manufacturer/brand if it looks and functions like the real thing? Or ...
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"Mama" is now a trademark word. Does that mean we can't use the word any more (e.g. for Etsy products)?

Someone just registered a trademark on the word "Mama" UK00003645697 Status: Registered Mark type: Word Mark text: Mama File date: 23 May 2021 Classes: 42 What does it mean for digital ...
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copyright, trademark and patent

Can someone trademark a logo that is well established because it is on a company website and the company did not trademark it? Can someone patent your logo if you did not patent it? Or are all the ...
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Is "swiss army knife" a protected trademark?

I want to create the slogan for my library (in the programming, the library is distributable pre-made code for reuse) like "The Swiss army knife for type-safe TypeScript programmers"). But ...
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Can I display university logos on my website under "Used by students and faculty from" [duplicate]

I have a website mostly used by students and university faculty, and I'd like to display those universities' logos on my website. Examples are: Yale, NYU, UCONN, University of Dallas, University of ...
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Possession of a TLD domain name by a company that has registered the same name in United States Patent and Trademark Office

Suppose that a person A owns a TLD domain(Top level domain) similar to the .com extension registered by another company in the United States Patent and Trademark Office. Suppose that the person wants ...
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Trademarking Public Domain Material

I have a question about a public domain self-help book that has lapsed copyrights in the USA and has been in the public domain for a few decades. The organization is still in operation and they ...
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What is the purpose of the protocol to the madrid system? [closed]

As the question arises in the title: What is the purpose of this protocol and, especially, what are the benefits over the Madrid system? What is the need for this protocol?
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Using a Trademarked name on my company slogan phrase

Can A new business use a trademarked Company name in its business slogan phrase? For example: "Stripe" is a trademarked name for a payment gateway company. Suppose a new business wants to ...
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Can recursive acronyms for projects consist trademark brands?

Example of known recursive acronyms: GNU - GNU's Not Unix Linux - Linux Is Not Unix Can you use similar approach by including into your project name the letters from major registered trademark ...
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Can I rebrand my own car?

I know full well that rebranding goods for sale without an agreement with trademark owners is illegal. But what about goods I own? Can I for instance remove a logo from my car and put on a different ...
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Same name, same class, totally different products

Let's assume the following situation: A company X produces devices used in some niche industry. It has a US trademark Z registered in IC9 category (class 9). A company Y creates and sells a software ...
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111 views

Where to look for copyrighted names?

We (me and my team) are working on a (software) project and are trying to pick a name for the group/team. We have settled on "Watchdogs" (due to the project's nature). However, there is some ...
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Having Stylised Lower and Upper Case in a TM Name - does it matter?

Am currently looking to register a music artist name as a Trade mark. For example, if I was wishing to register a name like RipTide (capital T) as opposed to Riptide (lower case t) ...on the ...
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Would naming a bill payment app "Bill Nigh" be considered unlawful use of someone's name or likeness?

I thought "Bill Nigh" would be a punny name for a bill payment/management app. Would such a name be considered unlawful use of someone's name or likeness? Not thinking of anyone specifically....
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How to search for lawsuits where I know the plaintiff's name and a brief outline of the facts?

The Astronomy SE question Did a watch company really try to sue radio astronomers for using the word "pulsar"? If so, which astronomers? includes the following quote from Jocelyn Bell ...
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Trademark - USPTO requirement

Just heard back from USTPO and they wanted examples of the mark in use in software screenshots, at the download store, etc -- which are no-brainers. Question is, can you have the (R) in the mark, or ...
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Indirect relationship with trademarks or software

Suppose that a person Amy wants to make wall posters based on cheat sheets and selling the posters online. For example suppose Amy has a cheat sheet (based on console commands or key bindings) with ...
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Am I violating IP if I name my mobile app the same as an existing one?

I am just starting development on a new gym app and have a name that I really want to use for it, however, upon searching the app stores (Apple App Store & Google Play) I have found an existing ...
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Can you sue someone for parodying your character?

Can you sue someone for parodying your character? Or is this part of free speech? One thing I am always wondering is why people won't use "Google" in movies, especially cartoons, but parody ...
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does gaia.com break the law?

Gaia.com is pushing conspiracy theories about reincarnation and aliens which would hopefully be fake to a normal folk robbed by a gaia.com ad, this is another way of making money using lies, is this ...
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Is impersonation of a company legal despite the impersonation not being direct?

This is a bit of a tricky question to answer, but I'll try my best to explain it. Essentially, I'm trying to figure out the legality of a scam designed to coerce victims into deleting their YouTube ...
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Is it legal to use icons from other companies in my app?

For all intents and purposes, if I were to develop an app that provides a service relating to already existing services, how legal would it be to download and use the third party's icons in my app? ...
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I want to send a cease & desist letter, but the infringer has no contact info [closed]

I am the developer of a program called EditVideoBot, a video and photo editing program that operates out of Twitter, Discord, Telegram and its own API, with over 250,000 users collectively. I've been ...
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Use of a trademark instead of a business name

Can a trademark name be used instead of a business name in legal information such as web-site and product copyright notices, EULAs, Terms Of Use, Privacy Policy, etc., provided that the actual ...
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EU trademark registered in bad faith

Company A has been using an unregistered trademark for 15+ years in the EU. Newly established company B registers the trademark in EU, and sends a cease and desist to company A. My understanding is ...
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Can the word "Cola" be used for commercial purposes?

I want to start doing some media stuff on YouTube etc and would like to have the word "Cola" in my name (e.g. names like ColaFinder, ColaCabin, StaleCola etc.). Now I am trying to figure out ...
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What's the meaning of © and ℗ on Spotify?

At the bottom of an album page, Spotify shows certain details including © and ℗. For example for Taylor Swift's album 1984 https://open.spotify.com/album/2QJmrSgbdM35R67eoGQo4j © 2014 Big Machine ...
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Am I allowed to use the name of a railway system in advertising?

In Germany, there is the famous ICE (Intercity Express) train that everybody knows and loves. If I run ads in Germany, am I allowed to use this term in messages like Our software XYZ is the ICE of ...
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Am I allowed to mention trademarks in my free app?

Suppose that someone develops and distributes a free app, which will be published in the Google Play Store. The application is meant to be some sort of a drinking game / truth-or-dare game, which ...
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How do trademarks apply to Open Source?

How do trademarks apply to open-source? Hypothetical: In the early 1990s, there is a company operating under the name Portable Network Graphics, who brands their products with the mark PNG. They ...
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156 views

Can I use a symbol that is similar to a trademark?

I don't know if I can use a symbol that is a bit similar to a trademarked symbol. For example, can I use the Alchemist symbol for philosopher's stone. It is very similar to the symbol of deathly ...
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If trademarks are ultimately enforced by who used it first and not who registered it first then what is the real point of registering?

From all that I've read, trademark disputes are ultimately decided by which entity was the first to use the trademark and not which entity was the first to register it. The word "use" can be ...

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