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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 at 7:32 PM.

  1. ikeism

    ikeism Law Topic Starter New Member

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    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

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    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

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    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.

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