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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Risk/Information Regarding Copyright/Trademark Violation

I have previously participated in the illicit accessing of files (music, etc.) that were most likely copyrighted/trademarked/etc. as well as the distribution of modified versions of these files (...
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Are programming language names copyrighted?

Say I want to create a programming language with some name, but there already exists another programming language with the same name. Could I get in trouble (legal or otherwise) if I create another ...
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64 views

Can I use the name Friedrich Nietzsche as commercial application title?

Can I use the name Friedrich Nietzsche as commercial application title that will be available globally? I know that his books are in the public domain and I can use fragments in my app but I don't ...
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30 views

Same name in social networks, same product, different country, changed it as soon as it came to my knowledge, untangible goods

I started a business reading tarot online, using a Facebook and Instagram page. My attempt was to do this bilingually. At the time I started it I didn't know there was another woman in another country ...
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Can I use a company's logo on the merch I want to advertise to them? [closed]

I am a merchandise designer. I want to advertise conceptualized apparel/general merch designs to a company by email with the option for them to purchase it. I want to use their current brand ie. logo ...
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How can I use a trademark name in my app title?

I am a student software developer in NY, USA. As a learning project, I created a mobile application for calculating scores of my favorite crossword board game and posted it on the famous online ...
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82 views

Twitter icon upside-down [closed]

If I use Twitter icon upside-down as my site favicon, will it be a copyright/trademark violation? I have copywriting slogan "Down with Twitter" among others on my site.
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Similar domain to trademark takedown request?

Today I received the following, and there is no first notice. Is this a legitimate request? The "mm-walmart.com" domain and lack of any contact information is screaming a scam, attorney ...
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35 views

Can the owner of a national trademark oppose the application of a trademark in another country when both are in the EU?

I've got a wordmark in an EU country, which is the name of my company. Someone else applied a logo as a figurative mark which contains their company name, in another EU country. Their company name is ...
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Can I display my photo of a subject protected by intellectual property laws?

EDIT: the suggested duplicate: a) Refers to the UK. b) Only addresses one issue I mentioned. c) Perhaps wrong/misleading (at least in the US) - From the USPTO site: "To support a trademark ...
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Can I use the term “tweets” for posts at my own site?

Can I use the term "tweets" for posts at my own site? And if I put the word "tweet" in quotes?
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Can I trademark a mobile application name that exists, but in a different region / language and unrelated to my app's functionality?

I have a couple questions regarding the possibility of trademarking the name of a mobile application that I am developing. The main question is: Can I trademark the name and logo of a mobile ...
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Is it the same nature of business?

As far as I understand, I can use the name the same as the name of another business, if we are of different business natures. Right? The other business is selling physical goods (more exactly, they ...
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Canada's Trademark Act

I am considering applying for a trademark. The trademark I would like to register is the product name of a product that I am importing and selling. The name is an invented word (e.g. something to the ...
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Creating a hoodie on Teespring

This would be the image used in the hoodie. The screenshot was originally taken from the F.U.N. episode of Spongebob Squarepants, which aired in 2001. I edited it and turned it into the image seen ...
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Using a trademarked name as the partial name of a new business

If a company named "XYZ LLC" has the name "XYZ" trademarked, am I infringing if I incorporate an LLC with the name "XYZ" partially in it, e.g., "XYZ Entertainment ...
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Can I use the name of an out-of-business company for my project?

There was a business with a name I want to use for my business but it is out-of-business. Do I have the right to use a name of an out-of-business company? I am in Israel but my business is ...
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Is it legal to use a name for a company that uses part, or all, of another trademarked name in it?

Is it legal to use a name for a company that uses part, or all, of another trademarked name in it? For example, if I was creating a company that uses Google's software, could I name my company Googley ...
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90 views

Use of ™ on a software name that is not trademarked?

I'm making an app for Apple app store and the perfect name for my app is already "used" even though it's not on the app store (this is a thing with app store - when you create an app with a ...
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1answer
40 views

Registering a trademark in the UK - Lowercase, title case or uppercase characters?

I'm in the process of applying for a UK trademark through the UK government IPO service. I've used the Right Start Examination Service and my application has been approved for the next stage. Before I ...
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is fictional data covered by copyright?

From other questions about intellectual property, it's my understanding that: "measurements of observable fact in the world ... are not copyrightable", but arrangements of the data are. fictional ...
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91 views

Can I use droid as a character class in my game?

We all know Droid is trademarked by Lucasfilms but I wanted to use it as a character class for my game. The droid class in my game is also a robot, but it looks nothing like the droids on Lucasfilms....
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Copyright Fair Use Case

I'm trying to understand the concept of Copyright and trademark Fair Use. I'm a small indie game developer working on a project which plays in the imaginary world of children. They adventure through a ...
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Register a domain name of a modern generic term conflicting with a Pending Trademark

I'd like to register a domain name that is a modern abbreviation like LAN,WAN,WEB... My registrar told me that the Domain is a registered Trademark ! I managed to find the registration status and it'...
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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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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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Can I name my app using the name of a long defunct company?

I am working on an app and want to name it Vidmark. Apparently, this name is the name of a long-defunct company (since 2001). Could I get into trouble using this name?
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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 I include fan art topics in my art idea app?

I have created an Android app, and a Discord bot, "Art Prompts". The point of the project is to give artists inspiration via short prompts, such as Draw a vampire standing in front of a mirror, ...
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189 views

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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29 views

Using part of a copyrighted or trademark name in a product name

There is a software that called Mautic, i devloped an App/plugin that extends it's features and named it Mautify... Today i received an email from that software company telling me that my use to the ...
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56 views

How to interpret “USA made”

Like many consumers these days, I now depend on home delivery for many of my 'non-essential' items. I have been shopping online for a steel product which is often counterfeited (mostly from China), ...
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What can happen if I don't register a trademark for my business?

If I register my business name and start operating my business using that business name and a logo that I made which contains the words of the business name, what can happen if I don't register the ...
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Is it ok to use the same app name as other, unpopular apps?

I'm currently developing a webapp for language learning in the hopes of turning it into a profitable business. I've been mulling over a certain name for a while though I've looked through the google ...
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1answer
55 views

Is it illegal to advertise another entity's product?

I'm a retailer of products. One product in particular needs more attention, but the manufacturing company doesn't advertise their products in the media which my customers reside (mainly YouTube). I ...
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2answers
400 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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44 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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83 views

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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167 views

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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69 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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Same domain name as an old site

A few years ago I was looking for a domain name to use for my website. After trying a couple hundred names I eventually found one that wasn't taken. I did a quick google to make sure the name wasn't ...
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91 views

Can ® © ™ (R, C, TM) symbols be safely used in fiction to describe fictional products?

In the popular game "Animal Crossing: New Horizons" the TM symbol is used for an in-universe product. It doesn't actually represent a real product of course, and just acts as flavor text. While the ...
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682 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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Claiming a domain name with a trademark

I have a trademark that got issued recently. There is a domain name with that same name that appears in my trademark that I'd like to obtain. However, that domain is registered by someone but is not ...
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Using a trademark name in my App

I am building a phone application. I follow a dietary lifestyle known as the medical medium lifestyle. There are about 6 books and tons of people that follow this lifestyle. My app is going to be ...
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42 views

Is it illegal to change one's personal name to one derived from a published fictional work?

In particular, I wonder about this because I believe most published works tend to have statements to the effect that "all characters, ... are trademarks of ..." and from what I've heard, it is not ...
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Common Law Trademark vs Registered Trademark

Consider the following statement: Registration gives you [Person A] the right to use your trademark nationwide. That right is limited if someone else [Person B] was using the same mark in a ...
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What constitutes a series of books for trademark purposes?

I'm working on a series of books that I plan on publishing only as epubs (e.g. Kindle). Just as books are marketed as "Penguin" or "Alfred Knopf," I'd like to get a trademark that I can list on my ...
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Advertising my business as “Best XXXX Alternative”?

I have a website on which I want to use the main keyword as "Best XXXX Alternative" wherein XXXX is the predominant competitor in my niche. As XXXX is searched a lot, I can build my SEO campaign and ...
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Trademark: software company with computer hardware shop

I thought of a business name, and bought the domain name for it (both .com and .net), and I plan to use it to for a software business online. I then noticed a computer shop in the Philippines with the ...

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