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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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50 views

How are sites like flaticon legal?

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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How to properly incorporate media icons/logos? [on hold]

I am working on a website where we are going to be providing resources of different kinds. Like Google Docs, Slack channels, Github repositories, and maybe more. We wanted to incorporate the logos/...
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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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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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2answers
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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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Trademark Company Name for branding [closed]

hope all are doing well. I want to Trademark my Company name and use that Trademark name to build my brand in the Business, Entertainment and Book Publishing industry. As I am getting ready to ...
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1answer
58 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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1answer
53 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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1answer
37 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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4answers
74 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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2answers
48 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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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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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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1answer
115 views

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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19 views

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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1answer
35 views

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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1answer
38 views

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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55 views

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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1answer
37 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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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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1answer
8k views

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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66 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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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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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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2answers
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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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3answers
204 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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1answer
33 views

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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3answers
84 views

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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1answer
60 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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2answers
94 views

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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2answers
146 views

Can a company use another brand's name when describing their product?

I'm working on a project and the best way I've found to sum it up, essentially my elevator pitch, is by saying: It's like X for Y. Can I use the brand in this context as the tag line for my ...
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4answers
108 views

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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How do I register a trademark in the USA if I'm not in the USA and I'm not a US citizen?

I want to register a trademark. It's a word that I've been using for my website domain for a long time (over 3 years). I just want to make myself feeling more safe so I want to register a trademark. ...
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1answer
42 views

Using someone else's registered trademark

This seems like a very textbook and common question, but I can't find it anywhere. Here's an example of the situation: A card game called Cards Against Humanity sometimes uses other company's names ...
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3answers
880 views

Can I legally make a real mobile app based on a fictional app from a TV show?

There's a fictional mobile app in a Netflix TV show that I'd like to make a real thing. I'm an independent developer, I don't plan on monetizing it in any way, and it's going to be open-source. Is it ...
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1answer
48 views

business intentionally hijacking search traffic of competitor

Texas: Successful small business working on search engine optimization / link back / search elevation... I determine major provider (yellowpages) has entry for us. Lists us by old address, and clicks ...
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1answer
440 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 are the laws on showing another company's logo in my book on branding?

I am writing a book on best practice branding for entrepreneurs and want to demonstrate my points using well-known (as well as our own client) logos. The logos will be used for illustrative, ...
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1answer
63 views

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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1answer
317 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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1answer
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Are names used within a TV show (for example, the name of a fictional business) automatically copyrighted?

According to the personal account of one of the founders of the Bubba Gump Shrimp Co, he waited hours outside the gates of Paramount Studios to license the name "Bubba Gump Shrimp" (which first ...
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4answers
11k views

Can UPS really trademark the color brown?

So, today as I received an email from UPS, I read the disclaimer at the end and it said: © 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are trademarks of ...
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1answer
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Can I use race track information in my application?

I`m developing a comercial app and I'm going to include some information about racetracks to it. I'm going to use follow information: a name of racetrack, a distance of one lap, names of turns. The ...
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Can I start an online business, where i sell Rock band merchandise without the band's permission?

Can I start an online business, where i sell Rock band merchandise without the band's permission? I have noticed that there are online shops in China that sell rock music merchandise for cheap. Can I ...
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2answers
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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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Trademarks: Can I start an app if an unrelated trademark already exists?

I'm trying to start an app in the skin care category. I'm trying to come up with names, and one of the ones I'm considering is Bree. However, when I search USPTO for "Bree", I see a ton of results: ...
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Can a company take unique a domain name if it was registered before the company registered a trademark? [duplicate]

I have a website that I use for an open source program that has a unique name that has not been trademarked. Since I do not use it for commercial purposes, would I be protected if a company decided to ...
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1answer
65 views

Can a company legally use their competitor's name in their tag line without permission?

Say a new company, NewCo, wants to use the name of their competition, BigCo, in their tag line without BigCo's permission. Something like: NewCo — (Like BigCo, only newer) Is this legal? Is it ...
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1answer
120 views

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 ...