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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Internet Domains and Trademarks

I have owned a domain in the U.S. for last sixteen years. A foreign entity, who started operations in their country of origin (in Europe), filed a conflicting trademark in their own country in the 70'...
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Can I make and sell printable worksheets for board games without infringing on copyright?

I'm hoping to sell printable worksheets online for around $2 dollars each that are designed to reformat the character sheets that came with the base board game. Where I believe I am adding value is ...
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Why does there appear to be a difference between depicting vehicles in games vs. in movies?

I've been trying to wrap my head around trademark/copyright/trade dress law in the US as it pertains to the depictions of real brands in fictional works. As far as I can identify, it is legal to ...
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Can I include (similar styled) art/characters from other apps in my free trading card game app?

Say I wanted to make a free (+no ads etc.) app which is essentially a trading card game but the cards consist of characters designed to be similar to ones from other apps. For example, one card would ...
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Legal aspects of using logos from a LaTeX package in resume

I was thinking about using Skype and LinkedIn logos from fontawesome package to provide corresponding contact details in my resume. But I am not sure if I am violating any rules. Can anyone throw some ...
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How to register a descriptive European trademark?

The trademark "TEXT TO BUY" is descriptive and non distinctive trademark. It is descriptive for an obvious reason: it exactly describes the service it is a trademark for. It is a service "to buy" and ...
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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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On using a trademark (e.g. “lego”) in the name of an unrelated scientific work

[Premise: the question uses "lego" to illustrate the concept but it is meant to ask about any general situation of this type] Question: Is there anything problematic in using the term "lego" in the ...
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362 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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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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Can you advertise against another product using domain names?

Suppose your competitor is about to release a product. Can you technically build a website with a domain name that includes their product name, such as www.get-productname.com www.better-than-...
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Trademark Protection for Domain Names

Today I purchased a few new domain names, which are composed of very general words. When I attempted to purchase a different domain, adventure.app, I received warning of a trademark claim. I chose to ...
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Using trademark as a name in a book?

I am writing a childrens book and a character in it is supposed to be called Google. Is that legal? I am only using the word 'google' and not the colors, font etc that the word is written on the ...
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Movie title translations in violation of trademark?

In my country (Israel) it is quite common practice to "translate" the title of a movie in such a way so it becomes extremely similar to the title of some past successful movie within the same genre/...
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Featured on Google- Is it legal?

This is not a duplicate of Is it legal to display third-party logos as part of “As featured in” on sites/printed ads without their consent?, but related to this. I have a website. If my websites was ...
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Use of trademarked logos for an online resumee/cv

StackOverflow just introduced the developer stories. When filling out your own story, you have the possibility to add a logo for each position (in a company) you held or each institution (e.g. your ...
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Aerosol Product Label and Product Description Copying

I posted these two questions on your sister site and it was suggested that I post them here. Thank you if you can assist. Is it illegal to basically copy another company's product label but simply ...
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Is it legal to use a person's name for a commercial purpose if it is a household name?

As an example, could I make a company called "Einstein Electronics" or "Houdini Locks" (probably not a great name for a lock company) or something without getting permission from the named persons, ...
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Do I register trademark or servicemark for business name and logo

Let's say I created a website called "MOTRADES.COM", and let's say it stands for "Members Only Trades". The purpose of this website is to create a community where people can post items for sale or ...
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Guidelines for product name protection

What are the necessary steps to protect a product name for a subscription based cloud application? Primarly I want to target the EU-market, though theoretically the product could be used worldwide. ...
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Can I use a (undeveloped) trademark or business name as part of a longer name for my business?

There is a Website (for the sake of discussion) called www.maxgrav.com. The site has no content except a landing page (with no discussion on what the product is), which hasn't changed since 2011. ...
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Is it legal to write and sell Instructions on how to play board games?

For every board game that I am learning, I am writing 1-3 page instructions about the game and how to set up the game and play it. Having 3 page summary of instructions (as opposed to 20 pages) ...
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Can I use airplane brand names in a game

I want to create a for-profit AirlineSimulation game. But I need to use some airplane brand names. Is it legal to use them without permission of the trademark owner?
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Website shows which Powerball ticket combos have been picked

Recently it has been big news that the Powerball lottery has grown to record jackpot sizes and if no winner by Saturday it could hit 2 billion dollars. There are roughly 2.92 million possible ...
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What does USPTO status 604 “Abandoned after inter partes decision” mean for a trademark?

What does the United States Patent and Trademark Office status 604 Abandoned after inter partes decision mean for the trademark? Is the trademark in the public domain or so clouded that it could be ...
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OEM Legislation

As an OEM, is it legal to use branded motherboards, such as ASUS in our own enclosures. I am aware that the other parts get used by major computer makers such as HP. However they usually make their ...
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Is it legal to name open-source software after established entities? (Bands, video game characters, etc.)

Title says it all - is it legal for me to create an open-source video game engine, or any other open-source software, and name it after an established band, person or video game character?
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Trade Marks Act 1999: How to respond to objection as per Section 9(1) (b)

This is with reference to Section 9(1) (b) of the Trade Marks Act 1999. I got an objection regarding my trademark application under the above section. The examination reports it as : The above ...
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Does a vendor need to research trademarks of material a client wants to use?

Suppose I operate a T-Shirt print shop at a mall. Customers can come in and buy one of the displayed T-Shirts or they can go to my website, upload a photo and come to the store to pick up a T-Shirt ...
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Do trademarks span multiple languages?

The question is very simple, does the trademarking of a name, mean that they own that trademark in every language? For instance, Windows is a trademarked product that has their namesake trademarked ...
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Can I reproduce a trademarked logo in my blog?

I have a blog about marketing. I am writing a new post where I talk about different Apple logos. Can I make a screen shot from Apple website and include that image in my blog? I just want to ...
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Can Donald Trump sue if I use his name in my product name?

I have an app that I want to call "Donald Trump". Now that Donald Trump is a political figure, is it okay to name my app after him (first amendment)? Or does he have a trademark or something over his ...
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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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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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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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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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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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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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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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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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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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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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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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Could I be sued for a similar-sounding domain name?

I'm a software/web dev, and I had an idea for a joke website. Since all of the variations with the word "news" I would like are taken, I thought I'd just replace it with "shoes." A few things worth ...
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Trademark infringement?

I have a mobile app that applies filters to user photos. Suppose that i want to add a filter (or a set of filters) named "Gotham" or "Daredevil" or "X-Men". Suppose this filter (or set of filters) are ...