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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91 views

Twitter icon upside-down [closed]

If I use Twitter icon upside-down as my site favicon, will it be a copyright/trademark violation? I have copywriting slogan "Down with Twitter" among others on my site.
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77 views

Similar domain to trademark takedown request?

Today I received the following, and there is no first notice. Is this a legitimate request? The "mm-walmart.com" domain and lack of any contact information is screaming a scam, attorney ...
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46 views

Can the owner of a national trademark oppose the application of a trademark in another country when both are in the EU?

I've got a wordmark in an EU country, which is the name of my company. Someone else applied a logo as a figurative mark which contains their company name, in another EU country. Their company name is ...
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Can I use the term “tweets” for posts at my own site?

Can I use the term "tweets" for posts at my own site? And if I put the word "tweet" in quotes?
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170 views

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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40 views

Can I trademark a mobile application name that exists, but in a different region / language and unrelated to my app's functionality?

I have a couple questions regarding the possibility of trademarking the name of a mobile application that I am developing. The main question is: Can I trademark the name and logo of a mobile ...
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19 views

Is it the same nature of business?

As far as I understand, I can use the name the same as the name of another business, if we are of different business natures. Right? The other business is selling physical goods (more exactly, they ...
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26 views

Canada's Trademark Act

I am considering applying for a trademark. The trademark I would like to register is the product name of a product that I am importing and selling. The name is an invented word (e.g. something to the ...
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Creating a hoodie on Teespring

This would be the image used in the hoodie. The screenshot was originally taken from the F.U.N. episode of Spongebob Squarepants, which aired in 2001. I edited it and turned it into the image seen ...
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21 views

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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52 views

Can I use the name of an out-of-business company for my project?

There was a business with a name I want to use for my business but it is out-of-business. Do I have the right to use a name of an out-of-business company? I am in Israel but my business is ...
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Is it legal to use a name for a company that uses part, or all, of another trademarked name in it?

Is it legal to use a name for a company that uses part, or all, of another trademarked name in it? For example, if I was creating a company that uses Google's software, could I name my company Googley ...
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92 views

Use of ™ on a software name that is not trademarked?

I'm making an app for Apple app store and the perfect name for my app is already "used" even though it's not on the app store (this is a thing with app store - when you create an app with a ...
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67 views

Same name in social networks, same product, different country, changed it as soon as it came to my knowledge, untangible goods

I started a business reading tarot online, using a Facebook and Instagram page. My attempt was to do this bilingually. At the time I started it I didn't know there was another woman in another country ...
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1answer
144 views

Registering a trademark in the UK - Lowercase, title case or uppercase characters?

I'm in the process of applying for a UK trademark through the UK government IPO service. I've used the Right Start Examination Service and my application has been approved for the next stage. Before I ...
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114 views

is fictional data covered by copyright?

From other questions about intellectual property, it's my understanding that: "measurements of observable fact in the world ... are not copyrightable", but arrangements of the data are. fictional ...
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28 views

Copyright Fair Use Case

I'm trying to understand the concept of Copyright and trademark Fair Use. I'm a small indie game developer working on a project which plays in the imaginary world of children. They adventure through a ...
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42 views

Register a domain name of a modern generic term conflicting with a Pending Trademark

I'd like to register a domain name that is a modern abbreviation like LAN,WAN,WEB... My registrar told me that the Domain is a registered Trademark ! I managed to find the registration status and it'...
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Can I name my app using the name of a long defunct company?

I am working on an app and want to name it Vidmark. Apparently, this name is the name of a long-defunct company (since 2001). Could I get into trouble using this name?
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35 views

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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Using part of a copyrighted or trademark name in a product name

There is a software that called Mautic, i devloped an App/plugin that extends it's features and named it Mautify... Today i received an email from that software company telling me that my use to the ...
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115 views

Can I use droid as a character class in my game?

We all know Droid is trademarked by Lucasfilms but I wanted to use it as a character class for my game. The droid class in my game is also a robot, but it looks nothing like the droids on Lucasfilms....
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56 views

How to interpret “USA made”

Like many consumers these days, I now depend on home delivery for many of my 'non-essential' items. I have been shopping online for a steel product which is often counterfeited (mostly from China), ...
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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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3answers
83 views

Is it ok to use the same app name as other, unpopular apps?

I'm currently developing a webapp for language learning in the hopes of turning it into a profitable business. I've been mulling over a certain name for a while though I've looked through the google ...
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1answer
66 views

Is it illegal to advertise another entity's product?

I'm a retailer of products. One product in particular needs more attention, but the manufacturing company doesn't advertise their products in the media which my customers reside (mainly YouTube). I ...
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1answer
49 views

Same domain name as an old site

A few years ago I was looking for a domain name to use for my website. After trying a couple hundred names I eventually found one that wasn't taken. I did a quick google to make sure the name wasn't ...
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124 views

Can ® © ™ (R, C, TM) symbols be safely used in fiction to describe fictional products?

In the popular game "Animal Crossing: New Horizons" the TM symbol is used for an in-universe product. It doesn't actually represent a real product of course, and just acts as flavor text. While the ...
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30 views

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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Using a trademark name in my App

I am building a phone application. I follow a dietary lifestyle known as the medical medium lifestyle. There are about 6 books and tons of people that follow this lifestyle. My app is going to be ...
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1answer
44 views

Is it illegal to change one's personal name to one derived from a published fictional work?

In particular, I wonder about this because I believe most published works tend to have statements to the effect that "all characters, ... are trademarks of ..." and from what I've heard, it is not ...
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31 views

Common Law Trademark vs Registered Trademark

Consider the following statement: Registration gives you [Person A] the right to use your trademark nationwide. That right is limited if someone else [Person B] was using the same mark in a ...
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2answers
45 views

What constitutes a series of books for trademark purposes?

I'm working on a series of books that I plan on publishing only as epubs (e.g. Kindle). Just as books are marketed as "Penguin" or "Alfred Knopf," I'd like to get a trademark that I can list on my ...
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53 views

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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35 views

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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1answer
62 views

How do I go about using a game title that already exists but does not appear to be trademarked?

I want to release my game on several platforms however the title I really want to use is already being used by an individual. The creator made their game through a "Game Jam". This is when one or ...
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1answer
361 views

What does “materially different” mean?

My father is an artist who is considering building a sculpture for an organization. as part of the contract he is prohibited from making copies of the sculpture in the future, or any works that are ...
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1answer
142 views

Can i trademark a 10-year-old-dead-trademark?

According to US law, if trademark 'ABC' has expired under 'Section 8/9' more than 10 years ago(2010), and has not seen any activity so far, can i trademark it?
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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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59 views

EDIT: Prevent copy right/trademark infringement by not using company logo, but

I want to prevent copy right infringement and therefore I don't use logos or fonts of companies on a site where I want to list them. So it came to my mind to just use a standard open source font and ...
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104 views

Can misspellings be covered by trademark?

Say you found out that the keyword "youtub" is getting millions of searches a year. It's pretty obvious that these searches are just misspellings of the company Youtube. You decide you want to try to ...
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2answers
195 views

How can I get a patent/Copyright for the puzzle game I invented?

I have invented a new puzzle game which I have able to play on paper. However, I want to create a mobile app/web app to let other users play like other below games. Example: Threes, 2048 But being ...
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62 views

Do XYZ and MEAT Partners have any legal standing to stop their names from being used? [closed]

Below is similar language to a note my team is preparing to send out to clients, announcing a recent transaction. Everything is factual. While XYZ and/or MEAT have asked us not to use their logo (and ...
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81 views

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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0answers
54 views

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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0answers
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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89 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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1answer
67 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. ...
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2answers
122 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 ...
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218 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. ...

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