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.

Filter by
Sorted by
Tagged with
0
votes
1answer
51 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 ...
1
vote
1answer
16 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. ...
0
votes
2answers
59 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 ...
1
vote
3answers
128 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. ...
1
vote
1answer
43 views

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 ...
0
votes
1answer
90 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 ...
0
votes
1answer
51 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 ...
3
votes
2answers
1k views

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 ...
0
votes
1answer
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 ...
2
votes
1answer
57 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 ...
1
vote
1answer
39 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. ...
0
votes
4answers
76 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 ...
0
votes
2answers
70 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.
0
votes
1answer
56 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 ...
1
vote
0answers
56 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 ...
4
votes
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, ...
0
votes
0answers
20 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) ...
1
vote
0answers
48 views

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 ...
1
vote
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 ...
0
votes
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=...
-1
votes
1answer
45 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 "...
0
votes
0answers
17 views

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 ...
11
votes
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 ...
0
votes
2answers
101 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 ...
0
votes
0answers
51 views

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 ...
0
votes
1answer
38 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 ...
0
votes
1answer
68 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?
0
votes
1answer
56 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 ...
0
votes
0answers
20 views

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. ...
0
votes
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 ...
1
vote
0answers
23 views

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, ...
4
votes
3answers
882 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 ...
-1
votes
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 ...
2
votes
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 ...
0
votes
1answer
50 views

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 ...
0
votes
1answer
56 views

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 ...
-1
votes
1answer
80 views

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 ...
0
votes
1answer
58 views

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: ...
0
votes
0answers
15 views

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 ...
1
vote
1answer
66 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 ...
1
vote
1answer
66 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 ...
1
vote
1answer
43 views

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 ...
2
votes
1answer
84 views

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 ...
1
vote
2answers
58 views

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 ...
2
votes
2answers
114 views

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 ...
0
votes
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 ...
-2
votes
1answer
42 views

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 ...
2
votes
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.
0
votes
0answers
43 views

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 ...
0
votes
1answer
34 views

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 ...