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 I use game name in domain of satiric blog

I wanted to start a satiric blog with funny articles, fake level up guides and ranting on updates for a popular French game. Can I register a domain name with the game name and a different TLD without ...
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How to ensure that 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 use a corporation name that has been “Merged Out” as my new corporation name in California?

I did the search on California Secretary of State - Business Name site, and it shows the status as "Merged Out" (more than 20 years ago). I also searched the US Official Trademark Db site for the ...
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Why is the trade name of a drug always written in all caps, even when the wordmark isn't?

One thing I've consistently noticed in TV commercials and other marketing materials for drugs is that the trade name for a drug, especially a prescription drug, is almost always written in all caps ...
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Can the prices of goods be copyrighted?

I am looking to publish a list of prices for which companies are willing to sell certain generic (commodity type) products. These companies have already published their own "price guides" that list ...
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How are programming books written if language names are trademarked?

For example, you might want to talk about Java, but Java and its mother company Oracle are trademark names. Or you want to mention the Spring framework which is a registered trademark. Or mentioning ...
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Are there case law examples where a reseller was forbidden to publish the name of the item being resold?

Are there case law examples where a reseller was forbidden to publish the name of the item being resold? For example suppose a computer reseller acquires a used computer made by HALCO, model HAL-9001 ...
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Covering a logo with your own and using the equipment in advertising

Can I purchase a branded digital screen and cover the manufacturer's logo with my own; and then use the screen for the purposes of advertising my products, creating my own digital look? The company I ...
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Is Legal to use characters from movies/games without license in a non related business? [duplicate]

Suppose I want to use some character from Disney for a website offering something not related with Disney business at all (for example a service for software developers). Is this OK or Disney ...
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Can a registered user of a word mark which was registered as whole, break the word into parts and use it in the products sold?

As the question says if a user of a particular wordmark breaks his word into 2 and uses it on goods sold(tm is engraved on goods) then can he seek protection in case of potential infringement.
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Can I use the logo of an ISO standard in an open document

In the frame of a European H2020 project, we are creating educational content for companies on the topic of energy efficiency in industry. The educational content will be made publicly available under ...
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Legality of replacing manufacturer's labels when repairing equipment?

For example, lets say I rebuild water pumps commercially. My business consists of buying used pumps, replacing all the wearable components (seals, bearings, etc), thoroughly testing them, then selling ...
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Does a trademark application for technology like semiconductors or voting machines require an invention or embodiment?

New York Times' China Grants Ivanka Trump Initial Approval for New Trademarks: HONG KONG — China granted initial approval for 16 new trademarks to Ivanka Trump, the president’s elder daughter and ...
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First-to-use vs First-to-file trademarks

As I understand it, first-to-use ownership of a mark trumps first-to-file. If that is true, why spend money on getting a trademark for your business name?
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How can I legally use trademarked entities in my free computer game?

I'm making a free computer game based on Star Trek. It'll reference a few characters from the show, along with the Enterprise. My understanding is by using character names from the show, I risk ...
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How to protect my trademark application from a well funded startup?

I created a software application in the transportation space in 2016, and I applied for a trademark for a variant of the name (same sound, extra letter at the end) with an Intent to Use application in ...
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Trade Name: What class applies to websites and epubs?

When you register a trade name or trademark, you have to pay a fee for each of various classes that describe your business. Can anyone tell me what class publishing falls under? I publish in three ...
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“Status date” for trademark (in TSDR) is prior to “Filing date”?

This is specific to a trademark I came across; http://tsdr.uspto.gov/#caseNumber=76720679&caseSearchType=US_APPLICATION&caseType=US_REGISTRATION_NO&searchType=statusSearch The status is ...
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Publishing copyrighted material on GitHub for phishing

I want to publish some demo code on github that deals with a new type of phishing attack. However, I've used a Google-branded sign-in page for the demo. Will this be a problem with copyright or any ...
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Can a two-word trademark with no claim to one of them be used as a threat to cybersquatting claim?

Assume that there is a trademark made of two words (i.e. Somename TECHNOLOGIES). In the trademark's application as well as the approved registration, there is a comment: THE MARK CONSISTS OF ...
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How does trader joes copy everything?

If you have ever been to Trader Joes you'd see that ever single item is a copy of another brand. For example Joes Os are actually Oreos, Baked Cheese Crunches are actually Chetos. But they do this ...
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Understanding trademark infringements in a world where many dictionary words are trademarks?

How does one even create the title of an app when basically most nouns in the English language have been trademarked? When and when isn't a trademark valid? For example, I was surprised that even the ...
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Trademark Infringement notice for usage of a dictionary word Jacuzzi in app - Google Play Store

I'm a 1-woman independent developer who made an app called Front Jacuzzi Back Corgi - or FJBC for short. Today, I received a trademark infringement notice from Jacuzzi.com It's unexpectedly not from ...
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USPTO: Intent to Use Trademark Registration

Intent to use trademark registration with USPTO in the US. Individual legal entity type. An intent to use trademark registration does not show evidence of a mark being used in commerce. An ITU ...
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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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Apple prohibited using an apple image?

Here are "Guidelines for Using Apple Trademarks and Copyrights" from Apple. They say: These guidelines are for Apple licensees, authorized resellers, developers, customers, and other parties ...
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Trademark violation for app?

I've just received an email from a Turkish app developer who believes my app infringes on his trademark. I've done some reading and read that essentially I'm not allowed to violate any patents or ...
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Can your business have the same initials as a major corporation?

By coincidence, if my company was “Internal brilliance method”(I just made that up) could IBM(international business machines) sue me over trademark infringement? In different industries different ...
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Is a book formatting subject to copyright laws?

I'm an IT professional who happens to be interested in EU law. Currently and for the next about 2 years I am tasked with writing a rather lengthy document (estimations are about 1000 to 1,200 A4 ...
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360 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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What is trademark tarnishment or dilution under US law?

What is a person not allowed to do with a trademark in the US, beyond using falsely to sell goods? In what ways can a trademark owner prevent tarnishment (disparagement) or dilution (blurring)?
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How to find the angle between Mickey Mouse's ears as specified in an official trademark?

The Walt Disney character Mickey Mouse's two ears sit on top of his head in such a way that the silhouette looks a bit like a water molecule, with the head as the oxygen atom and the two ears as the ...
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Are slogans protected under trademark?

A US-based wine company created a slogan. Later it found a Canadian wine company had already been using the same slogan. Could the U.S. company's used violate copyright or trademark?
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To what extent can a person use Wizards of the Coast's D&D monster information?

I am creating some software that, at the moment, uses parts of the same format of summarizing creatures as the published works of Wizards of the Coast. Specifically the 2nd edition of Advanced ...
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257 views

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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Legal issues of a website such as [businessname]sucks.com

What kinds of legal issues do websites such as [businessname]sucks.com have in terms of copyright infringement, libel and defamation, and/or other issues? Let's say there is a website called [...
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Regarding the legal use of a trademarked name in my Android application's package name

I'm not sure if this is the correct place to ask, but I had a quick question regarding using the word/trademark "GitHub" in my Android application's source code (not that actual part that users can ...
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Is it legal to sell clothes with Supreme red box logo, but with custom text inside?

Let's say I wanted to sell t-shirts/hoodies with Supreme box logo (font, color & shape), but custom text inside. Would it be legal? Normally, I would assume it wouldn't. However, I know that the ...
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Can I legally recreate public Japanese buildings in a 3D game?

I'm wanting to make a game set in Tokyo, specially Asakusa. I want to loosely recreate some of the streets and buildings to really nail the feeling of being there. Is it legal to recreate buildings ...
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Can I use brand names in my video game? [duplicate]

I'm currently developing a video game set in the Old West and I'm wanting to know if I can use period gun brand names in my game: Colt, Winchester, etc. Do I need special permission from the companies ...
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Where are the “United States Classification” codes for trademarks defined?

I'm attempting to do some preliminary research on trademarks and having trouble with the US classification codes. E.g., I'm looking at a 'Goods and Services' description that starts with "IC 042. US ...
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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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Is it legal to cut a designer logo off of a piece of clothing, sew it onto another and sell it?

What if I were to cut the Versace or Nike logo off of an old, ruined piece of clothing, sew or glue the logo onto other piece of clothing and then sell it. I would tell the buyer in advance that the ...
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Can a game designer be successfully sued for using a image of a gun off of google and modeling it and putting it in a game?

If a game designer usse an image of an M4A1 ar, and a Glock and models the guns then put them into a game, can the designer be successfully sued, either by the gun maker or by the artist who created ...
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Can someone legally use the word Java in a business name?

Assume someone wanted to open a real estate office and wanted to use the name Java Realty, would that violate the Java (programming framework) trademark?
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Can infringement of a trademark be pursued for using a company's name in a sentence?

If I have a sentence on my business website stating something similar to "Mr. Smith participated in the process that ended with Pepsi acquiring Silly Sally's Sodas" Is this a basis for ...
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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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Can you sell a product with a “custom” image, if that image ends up being copyright or trademark?

As a printing company, can you sell a item titled "custom" if a customer uploads a copyrighted or trademarked logo? They are only ordering one, and the item itself is not titled after the logo that ...
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Can trademark attorneys advertise in UK?

In some countries, it's illegal for trademark and patent attorneys to advertise. Is it also the case in the UK?
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Can pricing be trademarked?

This earlier question asked whether a pricing scheme could be copyrighted. I wonder if pricing could be trademarked. Suppose Christopher Columbus Pizza was famous for selling a large pizza for $14....