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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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Can a trademark owner prevent third parties to create software for the related trademark service?

Pinterest is a social sharing web site. https://pinterest.com I have created a software that helps users to share photos online to Pinterest easily and quickly. https://addons.opera.com/en-gb/...
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Is it legit to use Custom Controller Buttons in Games?

I'm making buttons for my own controller in my Game. For example, the attached images will appear to indicate the player to press the A or B Buttons. The image resembles Xbox Controller Buttons. So, ...
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Does it possible trademark of word “cplusplus”?

The website http://www.cplusplus.com/ uses word cplusplus. Is it ok if someone also use word cplusplus for blogging purpose in another extension? I guess, word cplusplus is a common word in ...
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25 views

Why register many similar marks?

Many companies apply for multiple registrations for the same term and similar goods and services, is that worthwhile? For example, Starbucks owns dozens of registrations for "Starbucks" both as ...
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Trade Marks Act 1999: How to respond to objection as per Section 9(1) (A) [closed]

I got an objection regarding my trademark application under the above section for wordmark. The above-mentioned application has been examined under the provisions of Trade Mark Act,1999 and Trade ...
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For USPTO trademark purposes, can the printing of artwork on non-paper substrates be filed under class 16?

If I am printing designs or artwork on a metal or plastic substrate, no paper involved, would that be listed under class 16? It doesn't seem to fit anywhere else. I considered class 40, but that's ...
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Trademark or Copyright for song title and lyrics

I wrote a song called “She came OUT through the bathroom window”. I’m also singing the sentence in the song. I was wondering if I could be getting into any trademark og copyright problems as The ...
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If Two Different Companies Have Sold the Same Product Under the Same Name, Is Trademarked Name Enforceable? [duplicate]

I'd like to manufacture a product, but I'm curious about my naming options. Here's my scenario in a nutshell: In 1960, a company patents a wallet design and sells them as Zark wallets. In 2006--...
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Can I use a cancelled trademark if the owner is still manufacturing the product?

I recently stumbled upon a product patented in the 1950's--let's say it's a beard comb called the "Drongle" After the patent expired, another company trademarked "Drongle" in 2006 and began selling ...
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35 views

Inline Linking Copyrighted Material

So there are some similar posts but not really with answers that fit to my problem. I run a site posting about newest announcements, let´s say Nike announces a new pair of shoes. Now I want to write ...
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Will company with product with ® sue me if my company name is the same as their product?

I have purchased the company name Xxxxx Media in a province in Canada, but I recently realized that the product Xxxxx® is trademarked in the United States. I wish to sell my products in the US soon so ...
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Do I need a copyright symbol or similar when referencing program names?

DISCLAIMER I am writing a paper for school and while I won't get in trouble for forgetting the copyright symbol I am interested in the use of it in case I need it on a more professional basis. I am ...
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Trademark holder doesn't grant permission due to 'high request volume'; any risks?

I requested permission for MATLAB's trademarked logo usage on my site, https://dragonnotes.org/ , from MathWorks (trademark holder) - who responded, "Due to the high number of these types of ...
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Which regions trademark has precedence in Google Play and Apple's app store?

If two different entities have registered the same trademark in different regions, one in the USA and the other in EU. Which of the two trademarks would have precedence within the Google Play Store ...
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Can I use a branded product name and/or product pictures in their retail packaging in my paid cooking video?

I'm making cooking videos of my own recipes for selling on line. In order to help viewers replicate my recipes exactly, I'd like to: Refer to brand-name ingredients in my video, e.g., "Great Value ...
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Is it legal to include trademarked words in a game? [duplicate]

I am making a game similar to codenames the boardgame which tells players to choose cards with words on them that are associated with a hint that another player gives. Is it legal to use trademarked ...
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53 views

How to prevent no one can copy my app design and name

Can an application developer from outside the USA prevent other developers in the US from copying the name and design of the application? How will this work? How can a developer who has published a ...
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Can I invert other companies' logos and use them for advertising them on my site?

I'm building a site that aggregates food delivery services in my region. I show all the companies I collected as a list of cards, where each card contains the logo of a company, company name, link to ...
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180 views

if I use a meme in a video game can I legally profit off of it

If were to be building a video game that I would be profiting off of (through ads or some buying feature), could I use memes that are derivative of copyrighted materials. For example, There is a ...
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42 views

Kellogg v National Biscuit Co

In Kellogg v National Biscuit Co it was ruled that once a utility patent expires the patentee can never make a trademark-like claim to the exclusive use of the source-identifying function of the shape ...
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The Lanham Act: how similar is too similar in trademarks

The Lanham Act prohibits the unauthorized use of a reproduction, copy, or imitation of a registered trademark in a way that "is likely to cause confusion" with the registered mark. One factor taken ...
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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
28 views

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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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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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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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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99 views

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
53 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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2answers
126 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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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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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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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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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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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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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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72 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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52 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
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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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1answer
60 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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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
45 views

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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76 views

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
62 views

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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207 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
242 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 ...