Trademark a Name? Any Advice...

[fire228]

What is the name of your state? Florida

I have a question about trademarking a name.

I have a Blog and also a Twitter and Facebook account about my blog and what it covers. I want to Trademark the full name, however, I dont want to apply for the trademark and it not get approved and loose my money.

My Blog name contains the name of an apparel line for a specific group of people, however it is not the exact same and I dont sell clothes, so would it be an issue?

For example: Just say the Clothing company was called "Red Square" and my blog is named "Red Square Bandits". Lets say they both cover the motorcycle world. The names are similar, but they are two separate brands/businesses. One is strictly clothing and apparel and the other is strictly Blogs and Articles.

Would the Trademark be approved or no???

 

[quincy]

What is the name of your state? Florida

I have a question about trademarking a name.

I have a Blog and also a Twitter and Facebook account about my blog and what it covers. I want to Trademark the full name, however, I dont want to apply for the trademark and it not get approved and loose my money.

My Blog name contains the name of an apparel line for a specific group of people, however it is not the exact same and I dont sell clothes, so would it be an issue?

For example: Just say the Clothing company was called "Red Square" and my blog is named "Red Square Bandits". Lets say they both cover the motorcycle world. The names are similar, but they are two separate brands/businesses. One is strictly clothing and apparel and the other is strictly Blogs and Articles.

Would the Trademark be approved or no???

No one here can tell you if the name you've chosen for your blog can be registered or registered without opposition. Specific names (which should not be disclosed here) matter.

There are many factors to consider when determining if a name infringes on an existing trademark holder's rights. The major factor is if consumers are confused by or are likely to be confused by the use of the same or similar name. If consumers are likely to think your blog is affiliated in some way with the apparel company, the apparel company has a basis to sue.

Because (using your example) your blog will be focusing on motorcycles, you are legally safest and certainly smartest to avoid using any name already being used by a company selling motorcycle gear.

You should review the specifics with an IP attorney in your area or choose a new name that is uniquely your own. Good luck.

 

[fire228]

Appreciate the advice

 

[quincy]

Appreciate the advice

Good luck with your blog, fire228.

 

[justalayman]

One question you can ask yourself that helps you understand this


Why have you chosen “red square” as a name? If it is to intentionally benefit from the existing trademark owner of “red square”? If so, that suggests there is a relation between what you are doing and their business. Are you marketing to the same customers even though you arent selling apparel and they are?

Even if you don’t sell whatever they sell, it stil can result in a person being confused and believe the TM owner of red square also operates whatever it is you do. That confusion can result in the owner of the mark challenging your use.

Defending such a challenge, even if successful, can be costly. Losing such a challenging can be a death sentence for many small businesses.


Consider your choice wisely.

 

[quincy]

As a rule, in addition to choosing a name that is not the same or similar to one already in existence, the strongest trademarks tend to be ones that are arbitrary (a word that is used in a way different than its dictionary definition, like Arrow for shirts, Penguin for books), or fanciful (a word that is made up, like Google or Tylenol).

You want your trademark to stand out from everyone else's so, when consumers see your trademark, they immediately identify it with your goods/services. That is how successful brands are built.