PDA

View Full Version : Trademark question



theguy
07-07-2013, 09:19 PM
I would like to design clothing for an area code that I am from. Currently there is a company who already does it using the number form (e.g, 555). They dont design anything with it spelt out such as fivefivefive. Is it legal to trademark the available "fivefivefive" even though they have 555 trademarked?

MyITGuy
07-07-2013, 09:45 PM
I would like to design clothing for an area code that I am from. Currently there is a company who already does it using the number form (e.g, 555). They dont design anything with it spelt out such as fivefivefive. Is it legal to trademark the available "fivefivefive" even though they have 555 trademarked?

Simple Answer - No

Long Answer - "fivefivefive" would likely cause confusion among customers who are trying to purchase clothing from "555". The USPTO is unlikely to grant a trademark based on your request, and even if they did, the owners of the "555" trademark could go after you for Trademark infringement.

Freelancier
07-08-2013, 09:35 AM
Really? You want to start your new business by picking a protracted legal fight with an existing business?!?

Seriously??!?

Look for a smarter idea, not a derivative idea.

nealrm
07-08-2013, 01:07 PM
There are really 2 issue here. The other company apparently has '555' trademarked as their company name. So you cannot call your company anything that would make people believe that your product was produced by them. However, that would be separate from designing clothing that uses the zipcode. Clothing with a zipcode on it would be viewed the same as clothing with "St Louis" or "Chicago" on it. The design would be copyrighted, but the cities name would be free to use.

theguy
07-09-2013, 03:42 PM
I am a little confused by this. So I can design a shirt and put '555' on it since that is the area code, but cant use '555' otherwise. How do they separate what is infringing on their trademark and what is just using the area code for design?

nealrm
07-09-2013, 04:59 PM
from the US trademark site "Under U.S. trademark law, geographic terms or signs are not registrable as trademarks if they are geographically descriptive or geographically misdescriptive of where the goods/services originate. The theory is that other producers in that area would need to be able to use a geographic term to describe where their goods/services are from and that one person should not be able to prevent others from using that term. If a term is misdescriptive for the goods/services, consumers would be mislead and/or deceived by the use of the term on goods/services that do not come from the place identified." So call your company something without 555 and use the term on the shirt that clearly indicated that is a zipcode and not the companies name.

Also, the design of a shirt cannot be trademarked, designs are copyrighted. Company names are trademarked and logos are both trademarked and copyrighted. So if you use 555 do so in a manner that does not duplicate their work.