Trademarking brand name?
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- dobre
So I'm thinkin of reggin a particular word as brand name. Problem is that very word already regged in US as brand name for similar range of products which I want to produce :(.
Say if the word was 'Guess' could I add question mark & reg it as 'Guess?' & not violating their rights? Or should I reg my brand as 'Guess' in any other countries & use something like 'Guess US' for US?
Thx guys
- ukit20
I think you can potentially run into trouble if the name is at all similar...but a lot depends on the size/funding of the company who has already trademarked and their willingness to go after you.
- dobre0
They r a medium company I guess. Have 5-10 shops in US & do online as well.
The word is from my language, could speak my brand style & philosophy well. They are white American most likely for them its just a pretty name. Unless they picked it up from here :(.
- SteveJobs0
could customers mistake your brand for the other? if so, you'll likely lose in court. and most anyone who's fronted the money to trademark anything is probably ready to take you on in a legal battle.
but consult an attorney to be sure.
- hans_glib0
same name, similar product? forgeddabahdit...
find a new name
- hellobotto0
Agree with Jobs, and apologies for any bluntness...call an IP attorney. If consideration is serious enough, then exploratory should be just as serious, legal should be brought in from the word "go."
- bored2death0
Release the Lawyers
- epill0
so .. you wish to copy someone elses brand logo and use it for your own with slight changes and hoping you dont get your legs broken..
be a real creative and invent your own design. dont copy or make slight changes to an existing design. i mean what are you telling us.. you are a copy cat?? im not sure i like this direction. try making something different considering you are possibily going up against another who already made a name with their brand.
why do you want to try to take over their business?? this is the Piracy Paradox at it's best right.. good on you that you are doing it in the fashion industry where it is accepted.. but id imagine that if you tried it in another industry your legs would be smashed..
read up on the PIRACY PARADOX here: maybe you can find a solution in the truth.
- epill0
i believe Guess own the rights of the question mark [?] as well as the word [GUESS] also i believe they own the rights to the triangle [▽] with either GUESS OR GUESS? OR ? alone for all their product categories which is sold on retail on a global market. not just the US domestic retail. also their product category in the last 20 years have expanded to almost every other product category on the markets today.
not sure if it is GUESS you are going against, or even if it is another brand, but if you do, then expect a lawsuit.
you should contact a lawyer who specializes in copyrights, trademarks, patents and brand identity over asking us here..
juss sayin..
- dobre0
Epill. I do not wish to copy someone else's brand name & logo. Ive been using this word as brand since I was in HS selling 2-3 handmade shirts without knowing this US brand & their products (they r not appearing on your regular trend/hype/fashion blogs). I found out today on search via Trademarkia. Damn it, they just reg it last Nov. It was just a hobby for me, but now I think I should do it more seriously as a back up. I like the word much. Slightly different spelling though, mine has double consonants for the stress. So I though if I can reg my brand with this diff spelling & maybe add a Q mark, would it do? And yes I should ask lawyers but QBN on the other tab so :) And no its not Guess :)
- dobre0
@Jobs & hans_glib
Similar product range but distinctively different styles & markets. But yeah just to pronounce the brand without seing the spellinng & logo & products (style-wise) one could be easily confused. I know I have to think of alts but this word suits my brand well. They r for house moms with butterfly on their logotype argggh!