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.

A trademark identifies a particular product, service, or it's provider or source, from others, particularly in the same industry, but also in general. Often a mark will appear on product packaging, printed communication, and buildings.

Many countries require registration of a trademark in order for the owner, which may be an individual, company, or other legal entity, to pursue legal action for infringement.

Trademarks can be designated with the superscript TM (™), or the R in circle ® for registered trademarks.

Canonical answers:

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Can a ® so small as to be reduced to a dot confer any legal protection?

The Bank of America iPhone app's icon has a very small ® next to the logo (shown below). The ®, barely visible in the blown-up picture below, is reduced to a small, vaguely pinkish dot on any device where the app may be found running, making its…
pseudosudo
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Can I name my app using the name of a long defunct company?

I am working on an app and want to name it Vidmark. Apparently, this name is the name of a long-defunct company (since 2001). Could I get into trouble using this name?
Ben Shabtai
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Understanding trademark infringements in a world where many dictionary words are trademarks?

How does one even create the title of an app when basically most nouns in the English language have been trademarked? When and when isn't a trademark valid? For example, I was surprised that even the word corgi and jets are trademarked! Jacuzzi…
ina
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Can I invert other companies' logos and use them for advertising them on my site?

I'm building a site that aggregates food delivery services in my region. I show all the companies I collected as a list of cards, where each card contains the logo of a company, company name, link to the site of the company and other information. I…
rominf
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I manufacture employee name tags. Am I exposing myself by using their company's logo on tags ordered by their employees?

I'm a small business targeting name tags to the individual worker. Some orders are from the businesses themselves, but others are for lone workers that seek a better name tag. When a lone McDonalds, Best Buy, Chick-fil-a, etc. employee comes to me…
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Are Donations Enough to Validate Trademark?

Suppose a business does the following: claims one of their brands is an unregistered trademark gives away 100,000 free T-Shirts to random entities using the brand mentioned in Step1 above accepts a $1 donation from a random entity to thank the…
Shawn Eary
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Can I use the ® symbol in the play store for a trademark registered in the Benelux?

When publishing an app in the Google Play store, I would like to use the ® symbol for the name of a product that is not registered as a trademark in the USA, but it has been registered as such in the Benelux. Is it fine to use the ® symbol there?
Daan
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Naming free software and avoiding trademark collision

I have stumbled over a problem how I can safely name my software. I would like to have a name with a cultural reference, that is character names from older literature or folk tales. Now, there is the _____wood, which steals all names and trademark…
user877329
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Is impersonation of a company legal despite the impersonation not being direct?

This is a bit of a tricky question to answer, but I'll try my best to explain it. Essentially, I'm trying to figure out the legality of a scam designed to coerce victims into deleting their YouTube channel (and from what I've heard the scam might…
elijahpepe
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Substrings used in a trademark

The Linux Foundation is a registered trademark of The Linux Foundation. Linux is a registered trademark of Linus Torvalds. But Linux is a substring of The Linux Foundation. Is it OK for someone to claim a trademark including another trademark as a…
Cyker
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Do I have to write the (R) and (TM) of e.g. "Intel Core i5" in an academic publication?

I'm finalising an academic publication (a written research paper that will be published at a conference and be available online), and I am mentioning the computer used to run the experiments: Intel Core i5-4460 Now I was wondering: Should I, or do…
Ela782
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Can a company suddenly start to enforce a trademark after years of neglect?

Recently, a law firm representing Oracle demanded that Apple take down an app with the word "JavaScript" in its name from Apple's App store, as Oracle owns the trademark for the word "JavaScript". Their claim was that "People seeing this app would…
Suppen
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How do i refer to a trademark I don't own without infringing on it?

Say, for example, I have created a product which is compatible with a specific existing technology. Like an Apple iPhone case. I would like to tell the user that my new case can be used with their apple device. How do name my device such that it…
user5072
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Is it trademark infringement to use a name registered for a product in an unrelated market?

This is just for my curiosity and education. I see that there is a trademark filed with USPTO for the name Cassandra. There is also a very popular database by the same name. Then is using this name for the latter not a violation?
morpheus
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Can you trademark a word in a dictionary?

Can you trademark a word in a dictionary? https://www.theverge.com/2013/7/31/4574878/microsoft-skydrive-name-change-bskyb Sky trademarked the word Sky, so I am wondering if words such as Tornado, Banner and Diesel could also be trademarked. Someone…
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