TM Similarity using different location names.

[Mtnstyne2001]

What is the name of your state (only U.S. law)? Tennessee

Virginia has trademarked the term "Virginia is for lovers" for their tourism department. Would it be an infringement of the TM using another state names such as "Florida is for lovers" on similar products like T-shirts and bumper stickers? It is obvious the original TM term "Virginia is for lovers" can't be used but I am curious about specifics since this TM would obviously apply to a different geographic region.

First post, be gentle.

Thanks in advance.

 

[FlyingRon]

It's a pretty weak mark as it is. Is that specificallly the mark you're worried about?

 

[quincy]

What is the name of your state (only U.S. law)? Tennessee

Virginia has trademarked the term "Virginia is for lovers" for their tourism department. Would it be an infringement of the TM using another state names such as "Florida is for lovers" on similar products like T-shirts and bumper stickers? It is obvious the original TM term "Virginia is for lovers" can't be used but I am curious about specifics since this TM would obviously apply to a different geographic region.

First post, be gentle.

Thanks in advance.

Yes, Virginia could object to your use of the registered trademark. It is one of the most recognized state trademarks in the country.

The slogan has generated a great amount of revenue for the state through its use in advertising campaigns that bring visitors to the state and through the use of the slogan on various and assorted consumer products.

Your use could be seen as infringing and disparaging and unfairly competing with the Virginia mark.

You can run your idea by an IP attorney in your area to see if s/he thinks differently.

 

[Mtnstyne2001]

It's a pretty weak mark as it is. Is that specifically the mark you're worried about?

No it isn't, but it is similar in formatting but not as recognized. In addition the Virginia TM is registered and the one I am referring to is not a registered TM as far I have been able to locate through the patent office search tool.

The specific one is "Montana is for Badasses" and I was looking at doing one similar in another state. They use the "TM" on their products but from what I have read that implies it is their trademarking, but not registering it.

Is it possible then that no other person can ever make a product with another state name in this case? For example, if I started making products in Kentucky that said "Kentucky is for hillbillies" TM then no one can ever use that term again in another state on a product without infringing on my assumed TM?

Thanks again.

 

[quincy]

No it isn't, but it is similar in formatting but not as recognized. In addition the Virginia TM is registered and the one I am referring to is not a registered TM as far I have been able to locate through the patent office search tool.

The specific one is "Montana is for Badasses" and I was looking at doing one similar in another state. They use the "TM" on their products but from what I have read that implies it is their trademarking, but not registering it.

Is it possible then that no other person can ever make a product with another state name in this case? For example, if I started making products in Kentucky that said "Kentucky is for hillbillies" TM then no one can ever use that term again in another state on a product without infringing on my assumed TM?

Thanks again.

First, although many trademark holders like to use TM to indicate they are claiming ownership of a word, symbol or slogan, the use of TM is unnecessary. Trademark rights are gained through the use of the mark in commerce. It is the use of the "circle R" that has meaning. This symbol indicates the mark has been federally registered. Only those with federally registered marks can use the "R" in a circle after their mark.

Whether you can use a slogan on the goods you produce is fact-dependent. If the slogan is one that is unique and/or if the slogan has developed a secondary meaning (bringing to consumers' minds one specific product or service or entity), the use of the slogan by others can give rise to an infringement (or other) legal action against the unauthorized user.

If someone is claiming ownership in a slogan and is marketing goods/services using the slogan - whether the slogan has been registered as a trademark or not - an unauthorized use could also spawn a lawsuit.

If you are trying to come up with a product line based on state names, you should come up with an original and creative slogan of your own rather than trying to capitalize off the creative efforts of others.

Good luck.