Can a word be trademarked? Does this mean the owner owns the word & no one can use it?

Business 6 views 3 answers
Someone trademarked a word in my native language. This word happens to be within my legal business name. Now he wants me to stop using the word because he trademarked it. What are my rights? How can he own a word within a language of a place?

Attorney Answers

3
Michael Potter ·
Part of the resolution here depends on what country's laws apply to the Trademark. I'd visit with a Trademark Attorney and sort out your legal obligations and rights. Good Luck!
0 upvotes
Michael Doland ·
You are unclear where the word was trademarked and for what products. Words are not removed from use in a language just because they are trademarked for a certain good or goods or service(s). You need a lawyer to interview, review the letter, and reply.
0 upvotes
Nicholas Wells ·
Without knowing more details, here are a few basic legal points to consider: - A trademark is not registered in the abstract; it must be associated with specific goods or services; if you're not using the registered mark in connection with the registered goods or services, it's tough to make a claim of trademark infringement stick - All US trademarks are translated into English for comparison with other marks--This is called the trademark doctrine of foreign equivalents - If the word in question is a geographic term or otherwise descriptive of the goods for which the mark is registered, this can limit the scope of the trademark owners rights - A trademark that is descriptive of the goods for which it is registered can still be used by others to describe something, so long as it isn't being used "as a trademark" to indicate the source of the goods - If you were using the word before the other person filed to register their trademark, then you may have earlier rights, but they are generally more limited in scope than a registered trademark provides - Trademarks are weakened if the owner doesn't "police" the mark by trying to keep anyone from using them without permission, but some brand owners are overly aggressive than others in carrying this out With more detail, a trademark attorney could give you more concrete guidance on this
0 upvotes

People Also Asked