1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Can I Be Sued for Using a Trademarked Word on My Clothing Line?

Discussion in 'Copyright, Trademark, Patent Law' started by ikeism, Aug 13, 2019.

Tags:
  1. ikeism

    ikeism Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    New York
    I submitted a logo named "Viable Brands" for an upcoming men's t-shirt and underwear line to be trademarked. It should be approved because there is no other trademark under that name. I already have designs for my underwear line using the word, "Viable" on the waistband of the underwear as a play off the name on my logo, "Viable Brands." However, my issue is when I did a search on the word "Viable" on the USPTO website, I found that someone else already trademarked the word, "Viable" on the site under the category of "clothing." Could I get sued for using the word "viable" on my clothing line even with "Viable Brands" registered as my logo? Would the person have a legitimate case? This is stressing me out because I've been working on this for months and I would greatly appreciate any input.
     
  2. flyingron

    flyingron Active Member

    Messages:
    401
    Likes Received:
    171
    Trophy Points:
    43
    Let's get some terminology straight. Your words are trademarks if you use them in commerce. What you've submitted was an application for REGISTRATION of that trademark. You most certainly be sued and in fact, if there is found to be a likelihood of confusion, you could lose. You don't have registration yet. The other trademark holder can certainly object to you being granted registration. If there is no overlap really in your use. either in the product lines or geographic distribution, you might be OK.
     
    hrforme likes this.
  3. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,228
    Likes Received:
    701
    Trophy Points:
    113

    Yes.

    We have no way of knowing.

    First, I assume and hope that the word "viable" is not the real word and is merely a placeholder. Second, one would need to fully understand what you're doing and review the existing trademark registrations to advise you.

    Then you'd be completely foolish not to consult with a trademark attorney.
     
  4. ikeism

    ikeism Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Thanks for your responses. What if I altered the word "Viable" by adding letters to the end such as, "ViableNYC" or "ViableRAW" or "ViableXL?" Would that put me on firmer ground?
     
  5. army judge

    army judge Super Moderator

    Messages:
    31,003
    Likes Received:
    4,439
    Trophy Points:
    113

    That has been tried by others.


    Probably not.

    You do yourself a great injustice by seeking FREE advice regarding important financial, personal, and business matters.

    You really need to hire yourself a lawyer and seek his or her PAID counsel.
     
    hrforme likes this.
  6. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,955
    Likes Received:
    1,609
    Trophy Points:
    113

    No, not a bit.

    A trademark lawsuit can put you out of business and in the poorhouse.

    In the long run it will cost you less to change the name. Unless, of course, you are willing to pay for a license to the people who got their first.
     
  7. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    8,982
    Likes Received:
    530
    Trophy Points:
    113

    I do see a mark for the name in the trademark database although I can't find any instances of it actually being used in commerce - but that doesn't mean it isn't being used in commerce. There is also an attorney listed who filed for the mark. Impossible to know whether the trademark may have been abandoned but you would likely face an uphill battle. It is also possible that you might be able to modify your use of the name to some extent where a "likelihood of confusion" between your products would not occur. But that is not simply remedied by adding a handful of letters nor is not a question we can answer here and the answers are all fact specific for your trademark case. If you're very interested in pursuing this name retain an experienced trademark attorney and obtain a proper legal consultation.
     

Share This Page