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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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For a US trademark's “basis for filing”, what exactly is “Actually using mark in commerce now”?

I just formed {MyBizName} LLC, which will be providing an online service. I got the domain name {MyBizName}.com and I think it would be smart to get a registered trademark for {MyBizName}. As I was ...
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Can I have “Amazon” in my company's domain name?

I am developing a website that sells gift cards and at this point in time I am planning on selling only Amazon gift cards (in the beginning at least). I'm at the point where I need to pick a domain ...
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do we have to register our trademark to be valid… can we take a legal action if someone is using similar trademark but our is not registered?

My question is about do we have to register our trademark to be valid. 1. can we take a legal action if someone is using similar trademark but our is not registered?
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Same game company name, but in a different country

I finally came up with a good name for my game studio, however after searching for it there appears to be another game company with the same/very similar name. They were founded this year, have an ...
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1answer
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Is it trademark fair use to use company name/logo on your resume?

I have an online resume website that I created, and I list the logos of companies I've work with over the course of my career. Rather than a dry date list of work experience, I'm just listing the ...
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1answer
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On what grounds can Instagram contest the use of the domain name slutsofinstagram.com?

A Reddit user registered the domain name slutsofinstagram.com, and has created a kind of parody cover story (Reddit; Imgur): Welcome to Slütsof In Stagrâm an online fantasy series about a Princess ...
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1answer
49 views

Can people distribute trademarked/copyright products if they aren't monetized?

If I made a bunch of Winnie the Pooh stuffed animals or screen printed a bunch of t-shirts with pictures from Godzilla films or something, would I be infringing on copyrights/trademarks if I ...
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69 views

Using Brand Names as our Customers for advertising [closed]

I am the owner of a marketing business, XYZ Solutions (Ind) Pvt. Ltd. Now, I want to increase my sales so can I use Brand Names like Amazon, Flipkart, Ebay, Google, etc as my customers in my Website? ...
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Is it legal to use “Java” in a domain name for a website?

I want to register a domain (within Poland) that contains "Java" word in it. Am I allowed to it, or is it illegal? I heard about the case of Vavr (formerly Javaslang) which changed the name due to ...
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2answers
48 views

Can you legally copy curated data from a software program?

Say someone has curated a lot of data, such as molecule data, astronomical data, animal data and such like into a software program. Can you legally harvest all that data and put it in your own ...
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122 views

Commercial usage of photos of extreme close-up of popular electronics

Let's say I make a photo of iPhone screen through the microscope, so field of view of the photo is just several pixels and individual RGB components of the screen are visible - so it's not possible ...
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1answer
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How to acquire copyright for Digimon franchise?

I'm not sure if this is the correct exchange to ask but hopefully it is. Now if I want to acquire Digimon franchise copyright (Correct the term for me if I'm mistaken) for example for my Smartphone ...
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1answer
67 views

Use of trademark in personal email alias

I've just signed up to a new service (company) using my usual practice of giving them a unique email address companyname@mydomain.com. I've just received an email stating: Thank you for ...
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2answers
54 views

Can I write about a *copy* of a dead celebrity?

I'm writing a science fiction novel and I want to use Jim Morrison (lead singer for The Doors who died 47 years ago) as a minor character. Actually, it is a copy of Jim Morrison uploaded after his ...
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Is there a chance to get a domain from a domaingrabber by registering a trademark now? [duplicate]

I would like to have a .com domain, which is since more than ten years owned by domain grabbers* (it seems to be sold several times to other domain grabbers, but never used). I use the same name with ...
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1answer
52 views

Sharing a negative experience using websites with the name of the business/individual who caused it

Imagine this hypothetical situation: My parents have been trying to build a new home for some time and around 2016 they got involved with an architect/builder (let's call him Fred Fraud) who at the ...
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1answer
24 views

Is it legal to include another company name in your name? Example: Is OrbitzMoving.com (not related to Orbitz.com) legal?

I used to work for Orbitz.com the travel site and remembered wondering how OrbitzMoving.com could get away with using the Orbitz name in their website url. OrbitzMoving.com was not related to Orbitz....
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2answers
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Is it recommended/mandatory that i include the ™/© symbols?

In my current scenario i'm required to fill a drop-down with software options so the user can select the options he's familiar with. This list includes names like "AutoDesk AutoCAD" and "Adobe ...
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71 views

Would it be illegal to include a Disney character's name in my business's Name?

For example, "Bambi Publishing" or "Pinocchio Publishing?"
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1answer
48 views

How unique does a name need to be in order to have it trademarked?

With the amount of information and ideas on the Internet, it is difficult to come up with words (even fabricated ones) that haven't been used in some context before. Let's say that in the course of ...
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1answer
39 views

is this a trademark or a copyrights violation?

I am in a small country in the middle east called Bahrain, I intend to use the House Stark logo design of Game of Thrones as my company logo and name, is that legal ? however I am in another country ...
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Using a trademark logo in for private purposes like an avatar in WhatsApp

Is it allowed to use (modified) registered trademark logos as a WhatsApp avatar for private purposes?
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1answer
54 views

Can we use Marines' sign for personal signature?

So I'm asking here as a normal person, not as Marine Corps. So as a marine fan, is it possible (legal) to add Marines' Eagle, Globe, and Anchor (EGA) sign before your name in the end of documents or ...
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4answers
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Why register a logo as trademark if copyright protects it?

If everything I created is protected by the copyright; No one can use it without my permission. Why would I need to register it as a trademark to protect it? If something is too simple to create, it ...
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1answer
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How to interpret “LETTER-3-OR-MORE” on patent website (USPTO's TESS)?

On the United States Patent and Trademark Office the Trademark Electronic Search System (TESS) has an entry for "SQL Server" that says Word Mark SQL SERVER And, then Trademark Search Facility ...
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1answer
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Is it more important to trademark your brand name or your logo?

I am looking at getting a trademark through Legalzoom for a new product my startup is about to launch. If the logo for the product includes the name of the brand and the product, do I really need to ...
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1answer
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Is it legal to use pictures of trademarks?

My question is a little confusing; let me explain. The famous logo "I(heart)NY" is legally protected. You can't legally use it without permission. Yet I've found several pictures of public domain ...
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Registered trademark vs social media

Imagine a sole proprietor who chooses a unique word for a business name - e.g. horsense - then buys a matching domain name (horsense.com). The company name, Horsense, appears on the website's home ...
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Is “Kanban” trademarked? Can I use it as part of my service's name? (KanbanMail)

Am I allowed to use the word "Kanban" in my service's name? (KanbanMail) For background information, Kanban is a productivity method invented by Toyota (Wikipedia) How would I find this information ...
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Is questions.app and questions app a trademark series in the UK?

I want to create an app with the "app" word in its name. When registering a trademark in the UK, would "QUESTIONS APP" and "QUESTIONS.APP" be considered a series? Will I then be able to dispute the ...
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1answer
157 views

Is it allowed to sell 3D models of existing brands?

Case: I make 3D models for architecture. Now I made a bundle of IKEA furniture to use in my interior scenes. I do this for clients to give them a visual representation of what a room can be. Because ...
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Is a modified version of a trademarked slogan considered infringement?

Since it's not the exact trademarked slogan, it seems the answer would be straightforward - but I've learned that trademark/copyright law is anything but. If the phrase, "Float like a butterfly, ...
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Yacht Rock and the Intellectual Property Rights of Work Trademarked by a Second Party

So I'm curious about the legal standing of an IP trademark owned by a party that did not originate the concept, but which is using it, potentially to the detriment of the original work, to suppress ...
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1answer
92 views

Can I legally (but without license) sell merchandise with text and images based on a video game? [duplicate]

I am setting up an online shop (or, say, a table/kiosk at conventions) to sell merchandise like t-shirts, mugs, etc, and I want to have merchandise with text and images either from or based on popular ...
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2answers
116 views

“got milk?” Parody

Hypothetical scenario: I want to create a couple images that parody the famous slogan "got milk?" The first will depict a famously creepy person next to a glass of milk. The image isn't meant to be ...
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4answers
88 views

Is it legal to open a museum of certain a brand?

My wife is a big fan of a certain toy company and has a huge collection. She is toying* with the idea of opening a small museum showcasing her collection. Is it legal to name the museum "The [Toy-...
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Can I retain my story's title if it has been trademarked by a large company?

I had a brief comic on a forum that I drew, let's say it is titled "Gourd Lord", several years ago. It has since been a minor thing I reference occasionally in my other work, but I've not had the ...
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Is it legal to use my TM trademark (registered in my country) on my .com website?

I have applied for a trademark recently. It is still not registered. But I know that I can use it anywhere with TM written with it. But since the trademark is registered only in my country(it is not ...
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1answer
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Should I trademark brand and product names separately?

My LLC is developing a new line of products and we're looking at getting trademarks. We have a brand name, and the product name is distinctive when used with the brand name, but it's a pretty generic ...
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1answer
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Is a press release a privileged and/or copyrighted document with ownership rights?

I recently left the firm I was working with for a few years. I have my own advisory firm now. I took part in several deals that closed. I was an active participant and got paid on those deals. I am ...
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1answer
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Is there any grace period for worldwide trademark protection like patent?

When it comes to patent, it seems like there is a 12 months period where we can file International Patent from the date of provisional patent. I have a trademark in the US. I would like to go for ...
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2answers
93 views

How well can characters be protected?

There are lots of attributes that are better covered by either a copyright or trademark, but suppose there is a business that makes movies, short films or games or comics uses and "Darth Vader" in ...
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Can I use a name which is registered in another country?

For example there is a technology feature under a Brandname® which is (R) Registered. It is in another country. Lets say Germany. If I registered a .com name under the same name and created a ...
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2answers
54 views

Can you report use of product copy/likeness in video games for compensation?

If a video game (created outside of the US) has an exact copy on a 3D model used from a large world-wide corporation's (based in US) product is there a way of: Reporting the use of likeness/copy ...
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1answer
34 views

Could a third party revive a dead trademark if another company has unlawfully been using it?

Suppose Company "A" registered the trademark "John Doe" with the EUIPO. Company "A" has declared bankruptcy and been liquefied, but the trademark was retained by Company "A"'s founder. During this ...
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1answer
56 views

Would I be infringing on a trademark if my company name is later trademarked?

If I incorporate an LLC, and then someone federally registers a trademark with that name, would I be infringing on a trademark and have to change my name? Or will they be unable to register the ...
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1answer
42 views

Can I register a trademark after leaving a company in the UK?

I've been working on a new product for a company as a software developer (creating it from scratch). I've come up with a name for it as well which my manager didn't tell me to do but I decided to be ...
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1answer
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What is the legal base / requirement (if any) for trade mark notes?

You often see websites or documents (user manuals, in particular) stating something similar to: This program is compatible with the Windows(R) operating system. ... Windows is a registered ...
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1answer
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Linux Mint wrt Ubuntu's trademark policy

I've recently read the trademark policy by Ubuntu. It mainly states that versions of the OS can be shipped by third-parties (e.g. a company) only under one of the following options: a commercial ...
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1answer
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What trademark “goods/services” category is a medical device design and manufacturing company?

If my company offers an array of medical devices (and related software), do I trademark it as an 010 (based on it's flagship product) or do I trademark as an 044 (a medical service -- producing and ...