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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524 views

Could I register a trademark already registered for other classes?

I am thinking about a trading name but it seems that it is a registered trademark in the UK for the following classes: Class 9: Computer software and computer programs for use as web service ...
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How can I protect 3D characters which are used as emoji in a chat app?

I want to protect 3D charecters which are used as emoji in my chat app, how can I do it: copyright (the Copyright office of USA offer a registration service) or as trademarks?
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Can you copy a trademark's goods and services description?

Assume a trademark filed with the USPTO uses the language "software used to calculate PI, the square root of PI, and the cosine of PI" in its description of goods and services. Can another, ...
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What rights does a trademark actually give?

There is a mobile game that has TM written behind its name. It is built for iOS and has not been updated for years. I would like to create a new and better version of it, for all operating systems, ...
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253 views

How do i refer to a trademark I don't own without infringing on it?

Say, for example, I have created a product which is compatible with a specific existing technology. Like an Apple iPhone case. I would like to tell the user that my new case can be used with their ...
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Is it legal, to use open-source project names on an ad?

I have a plan to make a team and develop web sites, servers, games to customers. Of course, there will be ads on local TV, newspapers. So, my question is: Can I use Open Source project names on my ...
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What does the phase “general interest” mean in trademark law?

Several USPTO trademarks use the phrase "general interest" in the goods and service description. For example: Goods & services: hardware allowing the user to stream video of general interest. ...
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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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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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Can I legally build a social app that is based on another game app?

Take for example the well known app Angry Birds. Lets say that I wanted to build an app called Angry Birds Social. In this app you could meet with other Angry Birds players, create Angry Bird ...
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Can someone explain what these number means in trademark description?

I was doing some trademark search in TESS. I sew the following description. Goods and Services: IC 038. US 100 101 104. G & S: Communications services -- namely, transferring of electronic ...
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Meaning of trademark “unrevivable”

I am trying to get the meaning of a Trademark statement. A filing is: continued use not filed within grace period, unrevivable.
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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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Is word “Times” in name of Newspapers trademarked or is it generic word?

I'd like to ask about all those "X Times" newspapers. like NY Times,LA Times. Can i create another newspaper that will have word "Times" in it? (Like "My Hobby Times") I've checked in Trademark ...
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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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Business Registration Rules for startup?

I am the CEO and CMO of a new software based startup in Canada. I have little to no knowledge of company registration rules. I would like to not only register my startup in Canada, but also be ...
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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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Do they own this trademark?

A company has been closing all my social media account, saying I infringe their copyright. Their documents say they have the name (example) 'Chocolate Cookie Extreme Baking Company'. In their text ...
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Publishing Another Company's Trademark

I write for a University humor magazine and we are coming out with a book. Because we are a public university, we normally are allowed to publish any image we find online in our newspaper. However, ...
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Can I make fan merchandise and sell it?

Can I create Overwatch fan merchandise (such as prints, buttons, keychains, etc.) and sell it at conventions?
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Can I use the word “Saga” in a video game name?

From what I understand King owns the word "saga" as it pertains to video games from this article - http://www.polygon.com/2014/4/17/5624980/king-settles-trademark-disputes-with-the-banner-saga-...
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Can I use a trademark to indicate what an app is for?

I've made an application for University students, and the University's trademark is 'XYZ'. Is it OK for me to have the name of the app in the store listing to be "App Name for XYZ". The actual app ...
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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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77 views

Usage of trademarked generic top level domain

RED.com makes digital cameras for the cinematography industry and has tradermarks for "RED". I would like to sell a product called called "something.red". The name of the product would be the domain ...
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Partners logos - legal obligation

I am using services such as AWS and MS Azure to host websites for my clients. Is it OK / Legal to use those companies logos on my websites as a partner or this is considered infringement?
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Trademarked name in domain name

Lets says someone purchases a domain name such as www.Google.photography. This is not a generic top-level domain (.photography). If say I intend to use this site non-commercially to allow users to ...
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253 views

Naming free software and avoiding trademark collision

I have stumbled over a problem how I can safely name my software. I would like to have a name with a cultural reference, that is character names from older literature or folk tales. Now, there is the ...
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Can a company trademark a public domain name like “Arkham”?

The town of arkham was invented by H.P.Lovecraft for his horror stories. They are now largely public domain. The town name of Arkham, therefore, is public domain. Yet WB Games have launched a ...
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Is the term “ZIP Code” trademarked?

The exact words: " Look Up a ZIP Code™ " appear at the top of one of the pages at USPS.com. "Zip Code" seems to have the Trademark™ next to it in many other places on the site, but not everywhere. ...
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Usage of trademarked names in pypi

I am not sure if it's the right place to ask, but I don't find better place . I am holding "windows", "apple", "microsoft", "ios" and lots of other trademarked names on pypi. Microsoft contacted me ...
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Are the names of parked domain websites trademarked?

If somebody registered a distinctive website name, that has no content or services related to it (i.e. it's an empty page), is the name trademarked? https://en.wikipedia.org/wiki/Domain_parking
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Product name: legal laws about patent rights

I would like to start an English newspaper in Denmark. I'm not very creative with names. I would like to use a derivative name of big English newspapers. But I don't know if it's legal. So I saw that ...
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Do I need a business license to start a social media website?

I'm planning on starting a social media website similar to other large social media websites. Do I need to register it as a business in order to make profits from it and/or get a trademark for its ...
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Pictures vs 3D Models - What's the difference?

If you want to make a video game that contains real world products, you generally need to obtain permission from the company that makes that product to include it in your game. For example, if you ...
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Is it legal to write software to convert data from a proprietary format?

I have created a piece of software that converts a proprietary format from the database blob of a large, well known commercial software company into the equivalent open source data type. The large ...
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1answer
75 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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2answers
465 views

Can multiple people trademark the same name?

I looked up a trademark on TESS and it turns out that it is already trademarked. This may sound like a noob question, but can I use it if my business is completely unrelated ? What if I own the domain,...
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UN- REVIVABLE in Trademarks [duplicate]

Status/Status date:12/19/2014: Continued use not filed within grace period, UN-REVIVABLE In US does that mean registrant can never register this trademark? Can another entity register this mark for ...
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1answer
60 views

What are the laws on using a company's logo in journalistic coverage?

We have a non-commercial (academic) blog, and are writing a post about a commercial company. The post is not especially flattering, for context. Can we use the company's logo to illustrate the ...
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138 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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230 views

Is it legal to use TV network logos on my own discussion forums about those networks?

Let's say that I am making a forum utility to discuss topics of television ... ESPN, CSPAN, CBS, etc. If the channel is called ESPN and the forum is made specifically to discuss what is on that ...
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1answer
323 views

Can an unintentional creation due to a software glitch be trademarked or copyrighted?

Say that I write a computer game that involves a number of characters. I choose to trademark some of the characters I think are more marketable, and copyright my game. To my surprise, fans discover ...
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2k views

Will an upside down or mirrored image of trademarked logo infringe on the original trademark?

If someone creates a logo of 100% mirrored logo (180 degress) or upside down version (180 degrees) of an existing trademark, is it illegal? is that infringing any copyright or trademark laws? or that ...
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1answer
48 views

Distribute a XUL Application using Firefox binary

I'm going to release a XUL Application to my users. It's freeware (and maybe it will be opensource-ed later). Previously I used to package it with XULRunner and ship them all to the end user. Now I ...
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Can I legally update, republish and sell an old electronic game?

I played a game back in 1999 from Westwood Studios that really impacted me, and I want to remake it with modern graphics. Westwood Studios has since been acquired by Electronic Arts and I would like ...
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299 views

Can a trademark supersede or preempt a person from using their own name?

I remember reading a case years ago where a woman named Sharon Corr sold a product called "Corr's Ginseng Up." (Adolph) COORs (a beer company) sued for trademark infringement and lost. The two names ...
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Redistribution of fan art that used copyrighted assets as a reference in the US

(In the context of United States law) Basically I plan to rip model files from legally-obtained video game ROMs and then use those models as references for fan art (high-poly remodels of characters, ...
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Is printing a personal card using some parts of a board game considered Fair Use?

I'm planning on doing a personal card using only the original layout and background design of a Magic The Gathering card. I have read that the art, mana symbols, "Tapping" symbol and Font have ...
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Can I reference the name of a museum in an art book title?

I am self publishing a printed book of drawings I've made at a natural sciences museum. Is it okay to use the name of the museum in the title as Drawing at (insert museum name)? I do plan to sell ...
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243 views

Can I trademark a slogan that uses the word “JPEG”?

I'm planning on using a slogan that I could trademark and was wondering if using the acronym "JPEG" is possible? I want to reference the fileformat .jpeg not the joint comittee it's short for. I'm ...

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