mechanicalbard24
New member
What is the name of your state? Michigan
Hello,
I have a question about trademarking. I think to best demonstrate my question/circumstance, it will be best to give an example. The following example is not my exact situation, but very similar in nature.
Let's say I start an LLC with the intention of distributing shoes with my company's logo being the main selling point of the shoe. I register the LLC in my state, obtain EIN, and design the logo to perfection. For this example let's say I named my company Glycerin Footwear LLC.
Next I go to the USPTO website to conduct a trademark search, and I see that another company (for example's sake I will use Brooks Sports, Inc.) has registered a standard character mark for the word Glycerin, and uses it for a particular model of shoe in their lineup of shoe variations. In this case, it is not the nationally recognized name of their company/brand, but a model of shoe under the corporation's umbrella of products.
My question is this: since my company name is the same as the model name of one of Brooks Sports, Inc.'s shoe models, would I be able to use my branding on my own shoe products given that Brooks has a standard character mark on the word Glycerin? (For reference the serial number for the particular trademark I am using in this example is 88076337 - searchable on the USPTO patent site.) Can a common word be monopolized in this way so that someone else couldn't even create a business under that name with a stylized logo in the same industry? I wouldn't think it would cause consumer confusion since they are Brooks shoes, and the fictional company in this example is called Glycerin shoes?
As I said, my case is for a different word and product, but a very similar situation. I would like to be able to register the logo that I spent hours designing on my products, but there is a fairly large corporation which has a trademark on the word that happens to be the name of my own company for the same type of product. My product does incorporate font, but there is definitely an artistic design element to it as well. It may be important to note that this company only calls their line this name, they do not print the word on the parts of the product which can be seen when it is worn by a consumer. Instead, the product produced by said company has their nationally recognized logo, which is used for all of their products outside of this particular line, printed on it.
Please help me understand if there is a workaround for this, as I am anxious to produce my products with my company's logo on them. Maybe if I did something similar and called the line by a name other than my company name, but printed my company logo on it? I have not yet registered a trademark for my logo, as I am waiting for an answer to this question.
Thank you in advance for any advice! I truly appreciate it!
Hello,
I have a question about trademarking. I think to best demonstrate my question/circumstance, it will be best to give an example. The following example is not my exact situation, but very similar in nature.
Let's say I start an LLC with the intention of distributing shoes with my company's logo being the main selling point of the shoe. I register the LLC in my state, obtain EIN, and design the logo to perfection. For this example let's say I named my company Glycerin Footwear LLC.
Next I go to the USPTO website to conduct a trademark search, and I see that another company (for example's sake I will use Brooks Sports, Inc.) has registered a standard character mark for the word Glycerin, and uses it for a particular model of shoe in their lineup of shoe variations. In this case, it is not the nationally recognized name of their company/brand, but a model of shoe under the corporation's umbrella of products.
My question is this: since my company name is the same as the model name of one of Brooks Sports, Inc.'s shoe models, would I be able to use my branding on my own shoe products given that Brooks has a standard character mark on the word Glycerin? (For reference the serial number for the particular trademark I am using in this example is 88076337 - searchable on the USPTO patent site.) Can a common word be monopolized in this way so that someone else couldn't even create a business under that name with a stylized logo in the same industry? I wouldn't think it would cause consumer confusion since they are Brooks shoes, and the fictional company in this example is called Glycerin shoes?
As I said, my case is for a different word and product, but a very similar situation. I would like to be able to register the logo that I spent hours designing on my products, but there is a fairly large corporation which has a trademark on the word that happens to be the name of my own company for the same type of product. My product does incorporate font, but there is definitely an artistic design element to it as well. It may be important to note that this company only calls their line this name, they do not print the word on the parts of the product which can be seen when it is worn by a consumer. Instead, the product produced by said company has their nationally recognized logo, which is used for all of their products outside of this particular line, printed on it.
Please help me understand if there is a workaround for this, as I am anxious to produce my products with my company's logo on them. Maybe if I did something similar and called the line by a name other than my company name, but printed my company logo on it? I have not yet registered a trademark for my logo, as I am waiting for an answer to this question.
Thank you in advance for any advice! I truly appreciate it!