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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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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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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EU trademark registered in bad faith

Company A has been using an unregistered trademark for 15+ years in the EU. Newly established company B registers the trademark in EU, and sends a cease and desist to company A. My understanding is ...
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If you happen to share the name of a very famous character, can you use it for your shop?

Assume that someone sharing the name of a famous character - just for a random Sample let's pick Leonard McCoy, James Kirk and Peter Parker - just happens to want to offer services under their name in ...
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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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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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63 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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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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236 views

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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Use of customer's logo on digital product demo

I'm looking to email prospective customer's a screenshot of a demo website that I've setup for them. I'd like to include their logo within the screenshot of the website. I was wondering if this ...
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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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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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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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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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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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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 ...
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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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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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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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47 views

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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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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145 views

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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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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66 views

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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105 views

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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2k views

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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78 views

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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564 views

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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Trademark used only for profit motive / trademark not the right solution?

My daughter is starting a podcast. It will have a focused theme, say for example "Artists against Racism." (Note: this is not the topic, just a similar type of example). Now the purpose of ...
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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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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 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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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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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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21 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 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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447 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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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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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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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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101 views

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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62 views

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 ...
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111 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 ...