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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196 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 ...
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88 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 ...
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52 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 ...
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118 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 ...
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1answer
55 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 "...
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66 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 ...
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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 ...
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62 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
86 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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95 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
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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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1answer
76 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 ...
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58 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 ...
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1answer
140 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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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) ...
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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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1answer
63 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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39 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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60 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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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 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
341 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 ...
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35 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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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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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
212 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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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
50 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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900 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
49 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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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
75 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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78 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 ...
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12k 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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57 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 ...
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184 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 ...
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2answers
247 views

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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1answer
62 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: ...
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98 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 fair ...
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1answer
313 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 ...
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2answers
3k views

Why is the trade name of a drug always written in all caps, even when the wordmark isn't?

One thing I've consistently noticed in TV commercials and other marketing materials for drugs is that the trade name for a drug, especially a prescription drug, is almost always written in all caps ...
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1answer
206 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 ...
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2answers
154 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 ...
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61 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 ...
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49 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 ...
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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 ...
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1answer
56 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 ...
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2answers
197 views

First-to-use vs First-to-file trademarks

As I understand it, first-to-use ownership of a mark trumps first-to-file. If that is true, why spend money on getting a trademark for your business name?
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How can I legally use trademarked entities in my free computer game?

I'm making a free computer game based on Star Trek. It'll reference a few characters from the show, along with the Enterprise. My understanding is by using character names from the show, I risk ...

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