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Quick trademark question

by thedog
4 replies
Hi guys.

I'd like to use a tag line on a logo, and as I expect to make at least $1,000,000 from my new venture, I'd like to make sure there's no trademark issues.

So I'm checking on Trademark Electronic Search System (TESS)

Put a few slogans in, all taken... its seems anything slogany is gone.

That said, when I look at the trademark details, there's a bit that says, Goods and Services

And they have a list, example, "HEAD WEAR THAT ABSORBS PERSPIRATION"

Does that mean I can use this slogan if it has nothing to do with head wear or any kind of clothes?

Cheers
#question #quick #trademark
  • Profile picture of the author lotsofsnow
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    • Profile picture of the author kindsvater
      Originally Posted by hpgoodboy View Post

      Lawyers by the way very often do not charge for the initial consultation.
      ... when they want a commission from how much money is made by clearing a trademark.


      The purpose of trademarks is to avoid consumer confusion. This is how many marks can be used for different products, even though the mark is the same. Delta used for faucets and airlines. If your product does not involve headwear you are probably fine.

      There are some (rare) very famous trademark that essentially have monopoly status because using the mark for a different product would be considered to "tarnish" the famous mark. For example, selling Google Dog Poop Scoopers could be a problem.

      If you look hard enough, virtually every word is associated with some trademark. Even the word 'trademark' is trademarked! That is why you have to look at the classification used for the mark, products used, and ultimately - answer the question if there is any possible consumer confusion.

      .
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      • Profile picture of the author thedog
        Originally Posted by kindsvater View Post

        ... when they want a commission from how much money is made by clearing a trademark.


        The purpose of trademarks is to avoid consumer confusion. This is how many marks can be used for different products, even though the mark is the same. Delta used for faucets and airlines. If your product does not involve headwear you are probably fine.

        There are some (rare) very famous trademark that essentially have monopoly status because using the mark for a different product would be considered to "tarnish" the famous mark. For example, selling Google Dog Poop Scoopers could be a problem.

        If you look hard enough, virtually every word is associated with some trademark. Even the word 'trademark' is trademarked! That is why you have to look at the classification used for the mark, products used, and ultimately - answer the question if there is any possible consumer confusion.

        .
        Thanks Brian, that's clear.
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        • Profile picture of the author thedog
          Another question, if I create a logo, is it ok to put a registered and trademark sign on it, if I don't have those yet?

          I'll be putting this logo on a product. I'm just wondering is this a big no no?
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          • Profile picture of the author dbong
            Originally Posted by thedog View Post

            Another question, if I create a logo, is it ok to put a registered and trademark sign on it, if I don't have those yet?

            I'll be putting this logo on a product. I'm just wondering is this a big no no?
            Technically, you cannot trademark something you do not own a legal trademark on. However, I see a ton of websites copywriting content I highly doubt have any legal protection.

            I don't think your trademark will have any legal weight to it, but I don't think you would get in a whole ton of trouble, especially if you are in the process of getting the rights.
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            Digital Marketer | Investing Enthusiast

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