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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.

3 votes
Accepted

Can song titles infringe on a trademark in certain cases?

If a song title uses or references a trademarked name, it is subject to trademark infringement? … Such a song title may or may not constitute trademark infringement depending on several circumstances. The core of trademark infringement is confusion. …
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1 vote
Accepted

Can a software's dictionary file include popular culture terms?

Should the software's producer be worried about trademark infringement? … If someone invents a novel word as a trademark, for example Exxon, the protection of that trademark means that you cannot confuse consumers by using the word Exxon. …
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4 votes

Is an edited version of a trademark covered through the original trademark in the UK?

But in the end it also depends on how the trademark is used. You've used the original image in the question; have you violated the trademark? No. … Do you violate Tesco's trademark when you say "I went shopping at Tesco"? No. Do you violate their trademark when you sell food using the name "Tesco"? Yes. …
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9 votes

Use of a trademark instead of a business name

of a single contract or other document, you can usually include language that designates a name for the business such as "this agreement is between Full Name Incorporation, Inc, hereinafter known as Trademark
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8 votes

Can the word "Cola" be used for commercial purposes?

Even if a word or phrase is unambiguously a protected trademark, there are still allowable uses, most notably to designate the product, service, or company associated with the trademark. … For a specific opinion about a specific use of a specific trademark, you should engage a qualified lawyer with experience in trademark law. …
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18 votes

Can a photo that contains a trademark be used by a political campaign?

There's nothing in trademark law or copyright law that required the removal of this logo before the campaign could use the photograph. …
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1 vote

Canada's Trademark Act

Or rather the ordinary commercial terms are among the many names of the goods that cannot qualify for trademark protection. … If you are trying to register "blouse" as a trademark for the article of clothing, you will not succeed. …
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4 votes

Can misspellings be covered by trademark?

question, there is an additional factor which is that the possibly-infringing company is in a different line of business, which means that it might be possible to use the exact same name without infringing trademarkTrademark protection is supposed to prevent others from confusing consumers. …
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1 vote

Can a registered user of a word mark which was registered as whole, break the word into part...

As with any trademark, of course, protection will be more secure if the mark is registered. …
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6 votes

what happens if a brand or company's name is a common everyday word?

The thing your example seems to miss is that trademark protection does not prevent other people from using the trademark for any purpose whatsoever; it only concerns the use of the trademark for the purpose … But an unrelated company might be able to trademark "always" in connection with an unrelated product. …
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2 votes

Does an app's name become protected nationally by common law trademark rights the day that i...

So does that mean that ... getting the common law rights will protect you just as much as registering a trademark for your app's name would[?] … No, because federal registration "gives a trademark owner substantial additional rights not available under common law." Source: http://www.bitlaw.com/trademark/common.html. …
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3 votes

Can you copy a trademark's goods and services description?

What they can't do is register the same trademark for the same goods or services. … To put it another way, the point of a trademark is to identify the commercial source of particular goods or services. …
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5 votes
Accepted

Substrings used in a trademark

First, the concept of substrings is not particularly useful in trademark law. … Volkswagen is a registered trademark of Volkswagen AG. All rights reserved. …
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