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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Is there a trademark on Stephen Hawking's voice emulator?

Whenever I hear the unmistakeable tone of Stephen Hawking's voice emulator, sure enough there is some reference following it that it was him, in fact, 'speaking' those words. Another reason I think ...
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Can i trademark a 10-year-old-dead-trademark?

According to US law, if trademark 'ABC' has expired under 'Section 8/9' more than 10 years ago(2010), and has not seen any activity so far, can i trademark it?
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What does “materially different” mean?

My father is an artist who is considering building a sculpture for an organization. as part of the contract he is prohibited from making copies of the sculpture in the future, or any works that are ...
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Can I use these brands in my free app game as collective items

I'm wondering if I can use different items such as Kellog's Cornflakes or Nestle's Cheerios such as items you can collect by playing the game. Example the character will open a box that has a image ...
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Is creating commercial study guide materials for a trademarked exam considered fair use / illegal?

Provided that no text or diagrams are directly used, is creating commercial study materials considered against fair use / illegal? Given the amount of study guides available for various trademarked ...
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Open Source Brand Infringement

I'm going to avoid using real names here, but this situation is real. There's an open source software called Foo which is used for cooking recipes that's been around for about 13 years and it's ...
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49 views

EDIT: Prevent copy right/trademark infringement by not using company logo, but

I want to prevent copy right infringement and therefore I don't use logos or fonts of companies on a site where I want to list them. So it came to my mind to just use a standard open source font and ...
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39 views

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

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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100 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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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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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 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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100 views

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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33 views

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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68 views

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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Rubik's cube image rights

Some time ago I have created an Android application as a part of my bachelor's thesis. The application can advice user how to solve Rubik's Cube, and user also can play the Cube using touchscreen. ...
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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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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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55 views

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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532 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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54 views

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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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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352 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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55 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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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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92 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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49 views

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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54 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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65 views

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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43 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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82 views

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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58 views

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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57 views

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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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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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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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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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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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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110 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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236 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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