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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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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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2answers
283 views

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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197 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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324 views

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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205 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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754 views

Legality of a Business Name inspired by fictional characters

Let's say I wanted to start a new business named "Natasha, Inc" whose core product was spy hardware and software. Or maybe one named "Howard, LLC" whose core purpose was inventing new technologies. ...
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33 views

Using photos from another website to sell merchandise

Under what conditions using some other brand's logos and pictures on a commercial website are allowed? Could I use, for example, a picture of a Dell computer (taken from thier website) of a given ...
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242 views

Questions about real people and fictional characters in novels

I was wondering if any legal experts can give me any advice about how much freedom a writer has to refer to real people and places in a fictional work and in what situations it's best to get ...
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Trademark Section 2(d) Refusal: Likelihood of Confusion

I'm having some trouble with a Section 2(d) Refusal: Likelihood of Confusion for a self-filed trademark in two classes. The fictional example below closely and accurately replicates the situation: ...
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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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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 ...
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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 ...
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36 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 ...
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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?
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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 ...
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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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15 views

Can a company take unique a domain name if it was registered before the company registered a trademark? [duplicate]

I have a website that I use for an open source program that has a unique name that has not been trademarked. Since I do not use it for commercial purposes, would I be protected if a company decided to ...
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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 ...
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“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 ...
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1answer
91 views

Can I use brand names in my video game? [duplicate]

I'm currently developing a video game set in the Old West and I'm wanting to know if I can use period gun brand names in my game: Colt, Winchester, etc. Do I need special permission from the companies ...
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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, ...
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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 ...
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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 ...
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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 ...
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Is it legal to include trademarked words in a game? [duplicate]

I am making a game similar to codenames the boardgame which tells players to choose cards with words on them that are associated with a hint that another player gives. Is it legal to use trademarked ...
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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 ...
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2answers
65 views

Is a modified version of a trademarked slogan considered infringement?

Since it's not the exact trademarked slogan, it seems the answer would be straightforward - but I've learned that trademark/copyright law is anything but. If the phrase, "Float like a butterfly, ...
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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 ...
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3answers
149 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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1answer
78 views

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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1answer
46 views

trademark with digit - likelihood of confusion

The fictional example below replicates my situation: A company already creates websites and owns a trademark with a pattern like XXX4 (e.g. "WEB4"). My company builds websites for children and ...
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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 ...
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3answers
445 views

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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1answer
94 views

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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2answers
2k views

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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1answer
107 views

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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1answer
74 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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1answer
60 views

Trademark infringement?

I have a mobile app that applies filters to user photos. Suppose that i want to add a filter (or a set of filters) named "Gotham" or "Daredevil" or "X-Men". Suppose this filter (or set of filters) are ...
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4answers
524 views

Can I break a trademark word into two terms and use it for my products?

I was recently approached by a company to stop using the name "Brain Dots" because they have trademarked the word "BrainDots". "BrainDots" is a single word where as "Brain Dots" are two separate ...
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2answers
757 views

Darth Vader mask trademark copyright

Okay so I created a Typographic image. (an image that forms the shape of something only using text/fonts) Now i want to submit this as a piece of work for a university project 'create a typographic ...
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2answers
98 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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2answers
170 views

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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1answer
54 views

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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1answer
34 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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4answers
90 views

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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1answer
66 views

Sharing a negative experience using websites with the name of the business/individual who caused it

Imagine this hypothetical situation: My parents have been trying to build a new home for some time and around 2016 they got involved with an architect/builder (let's call him Fred Fraud) who at the ...
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1answer
81 views

Can I use logos from vendors in my open-source project?

I have an open-source project that is quite popular with dozens of downloads per day. I use logos from big companies in there (e.g. Cisco or Microsoft) to customize some web pages. The logos are ...
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1answer
78 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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1answer
134 views

Is it legal to sell clothes with Supreme red box logo, but with custom text inside?

Let's say I wanted to sell t-shirts/hoodies with Supreme box logo (font, color & shape), but custom text inside. Would it be legal? Normally, I would assume it wouldn't. However, I know that the ...
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2answers
79 views

If Two Different Companies Have Sold the Same Product Under the Same Name, Is Trademarked Name Enforceable? [duplicate]

I'd like to manufacture a product, but I'm curious about my naming options. Here's my scenario in a nutshell: In 1960, a company patents a wallet design and sells them as Zark wallets. In 2006--...