30
votes
"Mama" is now a trademark word. Does that mean we can't use the word any more (e.g. for Etsy products)?
You should be fine.
Because, at the least, your use pre-dates the trademark.
Exactly this came up in Burger King (of Florida) v. Hoots, and it resulted not only in the predecessor keeping their name, ...
30
votes
"Mama" is now a trademark word. Does that mean we can't use the word any more (e.g. for Etsy products)?
Trademarks apply only to a limited field. If you follow the link, it reports that it applies to class 42, graphic art design.
So you are free to use (and register "mama" for your food ...
- 5,869
18
votes
Trademarking modifications to common phrases
Being a common phrase is not a barrier to a trademark, in itself. For example “Bite the bullet” has been trademarked with the USPTO for restaurant services, for a target with cross-hairs and in ...
- 12.6k
14
votes
Am I allowed to use the word "meta" in the name of my product or startup?
If you do, you will probably be faced with a lawsuit. If the program did something that they don't do, it might be okay (but hire a lawyer to be sure). Perhaps a plumbing app would be safe.
They (Meta)...
- 215k
14
votes
Accepted
What to do if you are sued for company name that resemble an existing company name in the UK?
History of the case
Javascript is a trademark of Oracle since 1996/1999. Anything that can cause confusion of origin or endorsement is thus infringing on the trademark of Oracle.
A company explicitly ...
- 39.3k
13
votes
What to do if you are sued for company name that resemble an existing company name in the UK?
The simplest way to "resolve" this situation is to
Change the name of your company to something that doesn't contain or resemble the word "javascript" and
Pay £800 costs to Oracle....
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8
votes
Am I allowed to use the word "meta" in the name of my product or startup?
What makes you think it’s either “will I be sued” or “is this a common word”?
First, you can be sued at any time by a large company if you do something they don’t like. Whether they are right or wrong....
- 34k
5
votes
What to do if you are sued for company name that resemble an existing company name in the UK?
Firstly, this had nothing to do with trademark or copyright infringement as the question and one of the answers suggest.
This was an action taken under Section 69(1) of the Companies Act 2006 which ...
- 8,296
4
votes
Is an edited version of a trademark covered through the original trademark in the UK?
Trademarks protect against consumer confusion. Ask yourself if a consumer seeing that image with the "studio" portion removed might think that the altered image represents the same company ...
- 37.2k
4
votes
Is it trademark infringement if you put the word 'the' in front?
The legal question is likelihood of confusion, in this case, confusion over the belief that the product is endorsed or affiliated with the "good vibe tribe" that holds that trademark. A wide ...
- 213k
4
votes
Is it trademark infringement if you put the word 'the' in front?
No
Minor changes to trade marks are still the same trade mark.
- 209k
4
votes
Accepted
Can I use the term "tweets" for posts at my own site?
From what I can see on the USPTO registry, "tweet" is still not trademarked for the purposes you're talking about.
Twitter has been working to secure that trademark, but I can't find any ...
- 58.9k
4
votes
Can choosing a username with corporate terms be a violation of the law?
If the person uses that name "in commerce" then it could be a violation of the "Amazon Prime" trademark.
Trademark law is often based on the "common sense" doctrine. The ...
- 7,336
2
votes
Can I use the name of a fictional company
You can check the USPTO trademark database, to see if it is a registered trademark. You could also ask LexCorp about their claim that it is a registered trademark of DC comics or WB, though their CEO ...
- 215k
2
votes
Writing an open source clone of commercial software - colloquial naming?
What is and what is not a protected trademark depends on the law of the country, and varies by country. In some countries, of which I understand the UK is one, no mark is protected unless it is ...
- 114k
2
votes
Geographical Protections
Not necessarily, although one can imagine circumstances where it would.
In general, you can put anything in the name of a non-profit that you want. So, if I want to start the Borneo Burger Society in ...
- 213k
1
vote
Difference of Tradename and Trademark
A trademark/servicemark is a brand name for kind of goods associated with a particular trademark owner, in the case of goods, or a kind of services associated with a particular servicemark owner, in ...
- 213k
1
vote
Can DBAs contain names that's not my name?
Bubba Gump Shrimp
Yes - the above example uses two fictional names from the movie Forest Gump.
- 209k
1
vote
What counts as word mark (or trade mark) violation?
For a trademark violation, several conditions must be fullfilled. For two companies that use the same trademark / company name, all of these must be true:
The companies operate in the same domain or ...
- 5,573
1
vote
"Mama" is now a trademark word. Does that mean we can't use the word any more (e.g. for Etsy products)?
First of all, trademarks are specific to a country. The mark refereed to in the question was registered in the UK, It has no effect in the US, Canada, Europe, or anywhere outside the UK.
Secondly, ...
- 114k
1
vote
UK trademark law: Similar company names
First of all, copyright law does not apply here. Names, titles, and other short phrases are not subject to copyright protection.
The basic rule in such trademark cases is to avoid confusing ...
- 114k
1
vote
Canada's Trademark Act
Does the product name or the corresponding "ordinary commercial terms" provided by the Nice Classification constitute the "name of the goods"?
As used here, "name of the ...
- 37.2k
1
vote
Accepted
Can I use the name of an out-of-business company for my project?
Generally speaking, trademarks need to be in continued use to be protected, and if the company that used a name is dissolved in the place where it was organized, it is probably fair to assume that it ...
- 213k
1
vote
Can a registered user of a word mark which was registered as whole, break the word into parts and use it in the products sold?
The person could seek protection, but could well be unsuccessful. Such a person should register the separate parts of the word mark separately. An application for such registration might or might ...
- 37.2k
1
vote
What should I add behind the Trade Name for my Sole Proprietorship?
There is no strictly correct answer. If you are worried about confusion as might be the case in a business name like ABC such as ABC - a diner, and ABC - an auto repair shop both geographically close ...
- 2,302
1
vote
Can I use the name of a fictional company
LexiCorp was registered then abandoned. See details below.
https://huski.ai/trademark/78509802
The reason of giving up this trademark was not clear.
- 11
Only top scored, non community-wiki answers of a minimum length are eligible