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.

52 questions with no upvoted or accepted answers
Filter by
Sorted by
Tagged with
3
votes
0answers
101 views

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 ...
3
votes
0answers
48 views

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'...
3
votes
1answer
47 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, ...
2
votes
1answer
424 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 ...
2
votes
1answer
303 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 ...
2
votes
0answers
207 views

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 ...
2
votes
0answers
232 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 ...
2
votes
0answers
270 views

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 ...
2
votes
0answers
114 views

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 ...
1
vote
0answers
47 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
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, ...
1
vote
0answers
37 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 ...
1
vote
0answers
45 views

On using a trademark (e.g. “lego”) in the name of an unrelated scientific work

[Premise: the question uses "lego" to illustrate the concept but it is meant to ask about any general situation of this type] Question: Is there anything problematic in using the term "lego" in the ...
1
vote
0answers
45 views

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-...
1
vote
0answers
52 views

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 ...
1
vote
0answers
29 views

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 ...
1
vote
0answers
19 views

Movie title translations in violation of trademark?

In my country (Israel) it is quite common practice to "translate" the title of a movie in such a way so it becomes extremely similar to the title of some past successful movie within the same genre/...
1
vote
0answers
49 views

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 ...
1
vote
0answers
33 views

Use of trademarked logos for an online resumee/cv

StackOverflow just introduced the developer stories. When filling out your own story, you have the possibility to add a logo for each position (in a company) you held or each institution (e.g. your ...
1
vote
0answers
74 views

Aerosol Product Label and Product Description Copying

I posted these two questions on your sister site and it was suggested that I post them here. Thank you if you can assist. Is it illegal to basically copy another company's product label but simply ...
1
vote
0answers
46 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, ...
1
vote
0answers
59 views

Do I register trademark or servicemark for business name and logo

Let's say I created a website called "MOTRADES.COM", and let's say it stands for "Members Only Trades". The purpose of this website is to create a community where people can post items for sale or ...
1
vote
0answers
34 views

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. ...
1
vote
0answers
29 views

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. ...
1
vote
0answers
134 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) ...
1
vote
0answers
134 views

Can I use airplane brand names in a game

I want to create a for-profit AirlineSimulation game. But I need to use some airplane brand names. Is it legal to use them without permission of the trademark owner?
1
vote
0answers
70 views

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 ...
1
vote
0answers
493 views

What does USPTO status 604 “Abandoned after inter partes decision” mean for a trademark?

What does the United States Patent and Trademark Office status 604 Abandoned after inter partes decision mean for the trademark? Is the trademark in the public domain or so clouded that it could be ...
1
vote
0answers
65 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 ...
1
vote
1answer
93 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?
1
vote
1answer
827 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 ...
1
vote
1answer
34 views

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 ...
1
vote
1answer
73 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 ...
1
vote
1answer
476 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 ...
0
votes
0answers
18 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) ...
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 ...
0
votes
0answers
49 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
35 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
63 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
47 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
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
0answers
14 views

“Status date” for trademark (in TSDR) is prior to “Filing date”?

This is specific to a trademark I came across; http://tsdr.uspto.gov/#caseNumber=76720679&caseSearchType=US_APPLICATION&caseType=US_REGISTRATION_NO&searchType=statusSearch The status is ...
0
votes
0answers
37 views

Is it legit to use Custom Controller Buttons in Games?

I'm making buttons for my own controller in my Game. For example, the attached images will appear to indicate the player to press the A or B Buttons. The image resembles Xbox Controller Buttons. So, ...
0
votes
0answers
22 views

For USPTO trademark purposes, can the printing of artwork on non-paper substrates be filed under class 16?

If I am printing designs or artwork on a metal or plastic substrate, no paper involved, would that be listed under class 16? It doesn't seem to fit anywhere else. I considered class 40, but that's ...
0
votes
0answers
30 views

Trademark or Copyright for song title and lyrics

I wrote a song called “She came OUT through the bathroom window”. I’m also singing the sentence in the song. I was wondering if I could be getting into any trademark og copyright problems as The ...
0
votes
0answers
49 views

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 ...
0
votes
0answers
78 views

The Lanham Act: how similar is too similar in trademarks

The Lanham Act prohibits the unauthorized use of a reproduction, copy, or imitation of a registered trademark in a way that "is likely to cause confusion" with the registered mark. One factor taken ...
0
votes
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 ...
0
votes
0answers
97 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 ...