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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11 views

Is it legal to use football players names and their football team names in my statistic app without permision?

I am getting all the data via webscraping. In the app there won't be any logos, only text with names of the football players and their teams. Also there will be modified photos of the players(drawings)...
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72 views

Can misspellings be covered by trademark?

Say you found out that the keyword "youtub" is getting millions of searches a year. It's pretty obvious that these searches are just misspellings of the company Youtube. You decide you want to try to ...
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For a trademark application, how do you decide which goods and services to pick, considering near duplicates result in dozens of applicable areas? [closed]

I looked at the list of choices for goods and services in the TEAS Plus Application, and it looks to me like most software companies would technically operate under a huge number of these selections, ...
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US expat entrepreneur without US address. How to file for licenses? [migrated]

I’m a US citizen trying to start a business in the US from overseas (for now) and need a US address to file with USPTO for company name, as well as for LLC, US taxes, and my business license etc. ...
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Does an Already in Use Application prevail over an Intent to Use Application when

I currently own the (only) registered service mark “Hempress®” in class 44. Two years later, I applied for another class, 03 trademark in Beauty on 1a filing basis, (already in use). I am now ...
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68 views

How can I get a patent/Copyright for the puzzle game I invented?

I have invented a new puzzle game which I have able to play on paper. However, I want to create a mobile app/web app to let other users play like other below games. Example: Threes, 2048 But being ...
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56 views

Do XYZ and MEAT Partners have any legal standing to stop their names from being used? [closed]

Below is similar language to a note my team is preparing to send out to clients, announcing a recent transaction. Everything is factual. While XYZ and/or MEAT have asked us not to use their logo (and ...
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Is extending to trademark brand name is a policy violation?

Let say a brand has trademark their name called "foo", then I will create a brand called "foobar". Is this policy violation?
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My .eu domain name was stolen. What are my options?

I have a company in a small European country, with a short, simple, generic name, say Generic, pvt. ltd. For many years, I've had the domain generic.eu However, I forgot to change my owner email ...
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What are the legal considerations of using trademarks in security training material?

I am developing an application that will be used for computer security training, specifically for awareness of scams and phishing. As part of this, I plan to use a series of well-known company brand ...
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Can the owner of a copyrighted work use an unauthorised derivative work?

Let's say a company makes video games and unauthorised fanart of one of the game's characters is made and posted on the internet. The company finds this fanart and uses it in merchandising etc. Who ...
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54 views

Trademark on name “Galactica”

I am not very knowledgeable in the matters of international trademark law so I was hoping to get some insight here. I am considering a development of a computer game and the best name I came up with ...
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Using the trade name of a defunct competitor

Let's say SuperCool, Inc. sold cooler under the name "SuperCool" and the company went out of business. The trade name "SuperCool" is well-known within the niche, but it was never registered in USPTO. ...
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Old Western Guns Trademark

I'm going to be making a computer game with a "western" setting and was wondering if it would be illegal to use guns from that era, like the popular Colt Single Action or the Schofield Model 3, and ...
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Cybersquatter posted my domain for sale after I queried it - can I still file a UDRP?

I'm in a situation where a cybersquatter holds a domain name that I have trademarked. My company "Example Ltd" is based in the UK, and we've been established under our brand name for over 30 years. ...
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Legal status of photos of trademarks

The link below takes you to a photo of a sign bearing a registered trademark... North Dakota - Legendary Yet the photo is in the public domain. I would like to use the photo in a book about state ...
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91 views

Is it legal to include trademarks in 3rd party icon sets?

From my current limited research, I have come under the impression that some companies do not like it when their logo is modified. For example, in the Twitter Trademark Guidelines (which can be ...
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52 views

Why can't logos of companies be used by referring to nominative fair use?

Companies have trademarks on their logos. If I want to use their logos in my own production, I need permission to do so. But if my production makes it clear that the use of the logo is only meant to ...
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Trademark: “Lyft” and acquired dictinctiveness

I want to understand why "Lyft" was trademarked for "transportation of passengers by motorized vehicle". When Lyft Inc originally filed for "Lyft" trademark in 2012 (serial# 85/743120), the use was ...
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59 views

Do I Need to Use the Registered Symbol?

I am writing a science paper for school and I am including the name of a product. Do I need to include the registration symbol after the name of the product? "The monitor that was used in this ...
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1answer
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Can one use data extracted from images (in-game screenshots)?

As an example, let's take Call of Duty Ghost. I want to take the data from the below screenshot and store it in a database as it is. (Rank, Level, Player Name, etc.) Is it legal to extract data from ...
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41 views

Use of logo from defunct business

I would like to use the name and logo of a small airline that filed bankruptcy and went out of business about 35 years ago. I won't be making any money off this. It's strictly for a personal web page. ...
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4answers
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Register own surname as a trademark

Can I legally register my own surname as a trademark? Supposing my name is Jeck Galifianakis, can I sue by law all the business entities (or maybe individuals too) that hold name Galifianakis in its ...
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Are towns and city names trademarked?

So for instance, could I develop an energy bar and market it as the “Houston Bar”? Or even just have a bar with “Houston” on the packaging that was self evidently a bar.
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Can I use a pen name that is a trademark?

I am about to publish my first novel under a pen name. This is not the name, but I will use the example of Monique Jay-Wood. I have done a trademark search and "Jay Wood" is trademarked. Is it better ...
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Do you need permission to use a well known first name in your company?

I intend to produce a mobile/app/software. The specifics doesn't matter but let's say there is someone extremely famous in the same field. A comparison is creating an F1 app called "Michael F1". I ...
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I manufacture employee name tags. Am I exposing myself by using their company's logo on tags ordered by their employees?

I'm a small business targeting name tags to the individual worker. Some orders are from the businesses themselves, but others are for lone workers that seek a better name tag. When a lone McDonalds, ...
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Document unregistered trademark?

I've created a company, and I am using unregistered trademarks in my documentation (and soon, products). I've already checked the USPTO and these words are not already trademarked. I am using the (tm) ...
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Can a company's advertising slogan undermine their own trademark protection?

Growing up in the 70s in the UK, a common brand of glue was UHU®1, and, at least at the time2, this was often advertised with the slogan "Don't say glue, say UHU". If the phrase "Don't say glue, say ...
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38 views

Trademark Public Domain Clipart

I was reading Can a company trademark a public domain name like "Arkham"? not sure if this is the same. I'm working as volunteer at OpenClipart.org, site that provide Public Domain vector ...
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39 views

Can I try to register a trademark that someone else has an application for?

I am currently selling a product with "Cheers to 30 years" on it. However, I noticed someone else has filed this trademark earlier this year: http://tsdr.uspto.gov/#caseNumber=88382813&caseType=...
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GM hood emblem replica

I want to make and sell a replica of a hood emblem for a 60-61 Chevy truck. My replica will be very close to the original but will not have any of the GM numbers on it, but the emblem is the Chevy "...
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Accepted ways to make trademark symbols conspicuous on a website

What are legal precedents for conspicuous trademark declarations on a website? Failing that, are there any accepted practices by convention? I’m working on an E-commerce site where the site owner has ...
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Does the app TikTok violate trademark?

TikTok, previously known as Musical.ly, is a for-profit app that runs on IOS and Android which allows it's users to upload short videos at includes a backtrack. The app was launched in 2017. Kesha ...
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105 views

Am I allowed to use the word “Android” in my YouTube channel name?

Say I have a YouTube channel about Android development. And I want to name my channel to something like "Android Guy" / "Android Dude" / ... My question here is: am I legally allowed to include the ...
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52 views

Can I use a trademarked name in a project, if I don't own the trademark?

I'm currently making a game, based on Pokémon. I do not own the trademark, copyright, or anything legally related to Pokémon (just some rando on the net). In my code, I use Pokemon to describe a ...
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1answer
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Does the USPTO distinguish between downloadable software regarding trademarks?

Trademarks protect marks within their own categories, which can loosely be defined as fields or industries. However, some categories, like IC009, which covers downloadable software, is very broad. As ...
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95 views

Can a beer brewery and liquor distribution company have almost the same names, since they are different classes/categories?

If a beer brewery has already trademarked the name barrelhouse, and I own a liquor distribution company, for wine and spirits, that I wanted to trademark as barrelhouse selections would this pass?
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questions about the Rubik's cube trademark/copyright/patent

i checked Rubik's cube image rights and i'm still confused about the legal protection of Rubik's cube. I know the patent expired and their 3d trademark lost a case in EU. Does this imply they ...
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How do I register a trademark in the USA if I'm not in the USA and I'm not a US citizen?

I want to register a trademark. It's a word that I've been using for my website domain for a long time (over 3 years). I just want to make myself feeling more safe so I want to register a trademark. ...
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42 views

Using someone else's registered trademark

This seems like a very textbook and common question, but I can't find it anywhere. Here's an example of the situation: A card game called Cards Against Humanity sometimes uses other company's names ...
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What are the laws on showing another company's logo in my book on branding?

I am writing a book on best practice branding for entrepreneurs and want to demonstrate my points using well-known (as well as our own client) logos. The logos will be used for illustrative, ...
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883 views

Can I legally make a real mobile app based on a fictional app from a TV show?

There's a fictional mobile app in a Netflix TV show that I'd like to make a real thing. I'm an independent developer, I don't plan on monetizing it in any way, and it's going to be open-source. Is it ...
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1answer
48 views

business intentionally hijacking search traffic of competitor

Texas: Successful small business working on search engine optimization / link back / search elevation... I determine major provider (yellowpages) has entry for us. Lists us by old address, and clicks ...
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2answers
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Can a company use another brand's name when describing their product?

I'm working on a project and the best way I've found to sum it up, essentially my elevator pitch, is by saying: It's like X for Y. Can I use the brand in this context as the tag line for my ...
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50 views

Are names used within a TV show (for example, the name of a fictional business) automatically copyrighted?

According to the personal account of one of the founders of the Bubba Gump Shrimp Co, he waited hours outside the gates of Paramount Studios to license the name "Bubba Gump Shrimp" (which first ...
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Can I use race track information in my application?

I`m developing a comercial app and I'm going to include some information about racetracks to it. I'm going to use follow information: a name of racetrack, a distance of one lap, names of turns. The ...
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Can I start an online business, where i sell Rock band merchandise without the band's permission?

Can I start an online business, where i sell Rock band merchandise without the band's permission? I have noticed that there are online shops in China that sell rock music merchandise for cheap. Can I ...
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58 views

Trademarks: Can I start an app if an unrelated trademark already exists?

I'm trying to start an app in the skin care category. I'm trying to come up with names, and one of the ones I'm considering is Bree. However, when I search USPTO for "Bree", I see a ton of results: ...
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Can a company take unique a domain name if it was registered before the company registered a trademark? [duplicate]

I have a website that I use for an open source program that has a unique name that has not been trademarked. Since I do not use it for commercial purposes, would I be protected if a company decided to ...