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Results tagged with trademark
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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.
11
votes
Accepted
Are Donations Enough to Validate Trademark?
There must be a use in commerce
Assuming there are no other barriers to trademark protection, you are asking what amounts to a "use in commerce" that is sufficient to warrant trademark protection (I'm … Techplosion, 261 F.3d 1188 (11th Cir. 2001)):
announcement of a title ("Plasmer") to 13 million comic book readers and promotion at a trade conference was sufficient to establish trademark rights, even …
- 72.5k
1
vote
Accepted
Can mythological names be trademarked and become associated with an entity (eg. a company)?
For example, search the USPTO trademark database for "Deimos."
See also "Lamborghini Trademark for 'Deimos' May Point to Future Model". …
- 72.5k
12
votes
Accepted
Is it trademark infringement to use a name registered for a product in an unrelated market?
The trademark registration you linked to is for use in "women's intimate apparel, namely bras, panties, garters and chemises." … See Trademark Basics: Scope of Protection.
There are even other "Cassandra" marks registered:
one for bean bag dolls
one by Apache Software Foundation for database management software …
- 72.5k
15
votes
Can you make a logo very similar to an existing trademark?
If the defendant's use of the mark to identify goods or services causes a likelihood of confusion, it is trademark infringement (A&H Sportswear, Inc. v. …
- 72.5k
1
vote
Domain and subdomain ownership question regarding website names
how would a person go about researching if one is already an existing trademark
One can search the trademark database in the relevant jurisdiction.
could facebook.stackexchange.com exist? … https://mathematica.stackexchange.com (trademark) …
- 72.5k
1
vote
Accepted
When is a trademark/wordmark considered to be in use?
Section 4 says:
4(1) A trademark is deemed to be used in association with goods if, at the time of the transfer of the property in or possession of the goods, in the normal course of trade, it is marked … is deemed to be used in association with services if it is used or displayed in the performance or advertising of those services.
(3) A trademark that is marked in Canada on goods or on the packages in …
- 72.5k
2
votes
Accepted
When a historical name is trademarked, will the trademark be considered 'weaker' than an inv...
Only slightly less. They would both generally be assessed to have a high distinctiveness.
The use of an existing word or name in connection with goods or services unrelated to any existing meaning is …
- 72.5k