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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Is it legal to open a museum of certain a brand?

My wife is a big fan of a certain toy company and has a huge collection. She is toying* with the idea of opening a small museum showcasing her collection. Is it legal to name the museum "The [Toy-...
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Should I trademark brand and product names separately?

My LLC is developing a new line of products and we're looking at getting trademarks. We have a brand name, and the product name is distinctive when used with the brand name, but it's a pretty generic ...
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Is a press release a privileged and/or copyrighted document with ownership rights?

I recently left the firm I was working with for a few years. I have my own advisory firm now. I took part in several deals that closed. I was an active participant and got paid on those deals. I am ...
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Is there any grace period for worldwide trademark protection like patent?

When it comes to patent, it seems like there is a 12 months period where we can file International Patent from the date of provisional patent. I have a trademark in the US. I would like to go for ...
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How well can characters be protected?

There are lots of attributes that are better covered by either a copyright or trademark, but suppose there is a business that makes movies, short films or games or comics uses and "Darth Vader" in ...
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Can you report use of product copy/likeness in video games for compensation?

If a video game (created outside of the US) has an exact copy on a 3D model used from a large world-wide corporation's (based in US) product is there a way of: Reporting the use of likeness/copy ...
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42 views

Could a third party revive a dead trademark if another company has unlawfully been using it?

Suppose Company "A" registered the trademark "John Doe" with the EUIPO. Company "A" has declared bankruptcy and been liquefied, but the trademark was retained by Company "A"'s founder. During this ...
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81 views

Would I be infringing on a trademark if my company name is later trademarked?

If I incorporate an LLC, and then someone federally registers a trademark with that name, would I be infringing on a trademark and have to change my name? Or will they be unable to register the ...
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55 views

Can I register a trademark after leaving a company in the UK?

I've been working on a new product for a company as a software developer (creating it from scratch). I've come up with a name for it as well which my manager didn't tell me to do but I decided to be ...
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27 views

What is the legal base / requirement (if any) for trade mark notes?

You often see websites or documents (user manuals, in particular) stating something similar to: This program is compatible with the Windows(R) operating system. ... Windows is a registered ...
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Linux Mint wrt Ubuntu's trademark policy

I've recently read the trademark policy by Ubuntu. It mainly states that versions of the OS can be shipped by third-parties (e.g. a company) only under one of the following options: a commercial ...
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155 views

What trademark “goods/services” category is a medical device design and manufacturing company?

If my company offers an array of medical devices (and related software), do I trademark it as an 010 (based on it's flagship product) or do I trademark as an 044 (a medical service -- producing and ...
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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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132 views

Legalities of using Trademarked Fictional Names for products

What is the legality of naming a product or service after a fictional name, object or character from a book or other creative material (movie, video game, etc)? In each of these examples below, the ...
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98 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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Can I trademark a logo that contains a font licensed under SIL OFL?

I am trying to determine whether I am able to use an OFL font in my UK trademark. From the research I have performed myself, I have determined that OFL fonts can be used in logos, as shown here: http:...
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Can I use trademarked names as example phrases in a commercial language learning app?

I'm developing a commercial app for learning Japanese targeted at manga/anime fans. It teaches how to read Japanese. I had the idea of popular titles, most of which are probably trademarked, as ...
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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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Can I name a company e.g. “Nike” in a piece of art such as a game?

I am thinking about developing a game. In the dystopian world the game takes place in, companies are named after Greek Mythological Gods. One of them being Nike (the God). I guess that could be seen ...
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44 views

To what extent does an artwork copyright protect against real life 3D replicas of objects in a video game?

I make and sell real life, 3D replicas of daggers from video games, TV, and movies. Currently I am using the original names of the daggers to sell my products (and I am aware that I am likely ...
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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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What are the laws on using a company's logo in a graphic design course?

I'm making a commercial course on graphic design and one of the sections I go over the types of logos like IBM/CNN/HP/NASA are Lettermark based logos. My question more so is how can I legally use ...
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130 views

Can the subsidiaries of a holding company each operate under the same dba name?

Holding company X has subsidiaries A, B, and C Can A, B, and C each file a DBA to operate as the same name ie ACME? How would this be different than Holding company X creating a trademark ACME and ...
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189 views

Can a company suddenly start to enforce a trademark after years of neglect?

Recently, a law firm representing Oracle demanded that Apple take down an app with the word "JavaScript" in its name from Apple's App store, as Oracle owns the trademark for the word "JavaScript". ...
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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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Trademark infringement potential VS no exclusive use of words in a trademark?

I am seeings various trademarks with disclaimers along the line of: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WORD" APART FROM THE MARK AS SHOWN So for example, the WORD is part of two words ...
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Can you be sued for money if your product is released for free?

Say I create a product that I release for free and take no profit in any way. If this product somehow violates the copyrights or trademarks of another company, is there risk of needing to pay for ...
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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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109 views

Opposing trademark registration

Context Three years ago, my small team and I created a product that we've been selling ever since. To clarify that I meant to use the name as a trademark, I added the trademark symbol (™) after the ...
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240 views

Does this German company really control the use of the term 'emoji'?

Important disclaimer: this question is not about any particular set of emojis (designed by a company or whoever else). The pictures themselves are obviously intellectual property and belong to their ...
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1answer
101 views

Gaining control over domain name being used by scammers

The company I work for has a U.S. trademark on our name, and operates a site of [COMPANY].com We're now aware of two instances where scammers are impersonating our company and have registered ...
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115 views

How to protect my IP

I'm a developer looking to create a startup. However, it's a very unique idea and something I want to protect not only as a "product idea" but also the business brand too. I'm guessing I would ...
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Is it legel to sell used bikes online as a business?

I am thinking about buying used bikes from China, shipping them to the US and selling them online. I would like to sell branded used bikes. Is this legal? Are there particular copyright or customs ...
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123 views

Trademark use in software package names (USA)

Does the use of a Trademark in a software package (an NPM package for example) qualify for descriptive fair use if its usage is intended to describe how the package relates to the original trademarked ...
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684 views

Can two companies have names that are similar in EU?

Can two companies that are offering the same services in Benelux have similar company names? Both company names have been registered with www.BOIP.
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237 views

May I use common symbol (like #, §) as a logo for a company or product of a company?

May I use common symbol (like #, §) as a logo for a company or product of a company? As a trademark? What if I slightly change it? May it be a registered trademark? (Related to the US mainly)
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702 views

Can I use the copyright symbol and rights statement if I haven't registered the copyright?

Am I legally allowed to put the (C) Copyright, all rights reserved text at the bottom of my website, if I have a logo that I own but have not registered the copyright or trademark in the logo in ...
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Trademark infringement, cease and desist

I'm currently looking to trademark a product name for my company. Through research, I've found that another company is selling a similar product under that name with no trademark whatsoever. Is it ...
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What power does the “Translations” section in Trademarks have?

I have seen that someone trademarked their last name, "ABULAFIA". This last name is very ancient and appears in many scripts and translations dating back 1000 years. The Wikipedia page for this ...
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Can I create a mosaic for a client in the shape of the Disneyland Castle?

My client would like me to create a mosaic in the shape of the Disneyland Castle. This would involve me creating an outline of the castle on my iPad (just a black line in the shape of the castle) and ...
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Can I use nodejs logo as part of my course cover?

I'm starting a course about building website backends with NodeJS and I was wondering is it legal to use the NodeJS logo as part of my course cover?
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Shops are stealing my images but I never registered copyright. How can I takedown thieves sellers?

For the last 10 years, I’ve run my own shop with Zazzle where I have over 3000 different designs. During the last few years, I found at least 5 different shops who are stealing tons of designs from me,...
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81 views

Using trademarked names as a reference in a commercial context

Is it possible to use a trademarked name as some sort of a reference for public available data (even when used in a commercial context)? Non-Commercial example: Let's say we have an app that displays ...
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163 views

I want to publish a book using a brand name in the title

I want to write a book called Confessions of a Lyft Driver. This book will be about that drivers sex life as he picks up women during his normal course of his Lyft driving. Would this be a violation ...
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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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1answer
51 views

Clothing brand shown in videos for an app

We shot some videos to be used for our app. All the models signed a paper, saying that they give all rights of the videos, and they understand that their image can be edited. However in some of the ...
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Can I publish a conceptual logo for a real company in a portfolio?

A company exists. I make a conceptual/redesigned logo for that company, though I have not been hired by them to do so. I publish my proposed redesign (not their current logo/mark) for this company in ...
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178 views

Can you trademark a phrase consisting of common words?

Could someone trademark a fairly common string of words, like "This is Your Life" or "Ask [Name]"? My question specifically regards to the naming a podcast — not naming a business. There is a podcast ...
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61 views

How can one register a trademark for a mobile app name without a lawyer?

I want to get a trademark for my mobile app. It is available also in App Store and Google Play. Do I need international protection? Do I need register on USPTO or WIPO? I have a low budget. Do I ...
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Browse all Trademark images as an image return [closed]

I have a logo design that I want to trademark, in addition to trademarking the design of an invention (as additional IP protection in addition to a patent). I started with a reverse Google image ...

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