This section of the forum is for discussing the business and finance issues of the t-shirt industry. Which business structure to use (sole proprietor, LLC, S Corp, etc), how to handle billing, where to register your business and get the proper licensing, etc.
Is it possible to trademark a variation on an already trademarked name? For example, instead of Fruit of the Loom, one trademarks Fruit of the Vine? I appreciate any info on this subject. Thanks so much!
You would really have to ask for legal advice, from the people that issue trade marks in your own country.
A trademark holder might legitimately claim that a very similar name could mislead the public into thinking there was an association with the brand. There is a strong possibility that a court would uphold this claim.
Many years ago in Scotland, McDonalds took legal action against a small cafe that was also called McDonalds. It was owned by a family called McDonald and had been in existence before McDonalds had a presence in the UK. The corporation however claimed it gave a false impression of association and won the case.
Is it possible to trademark a variation on an already trademarked name?
Potentially, but it will very, very much depend on the specifics, and you'd almost certainly want a lawyer to do the trademark application for you.
Quote:
Originally Posted by brigetteblue2000
For example, instead of Fruit of the Loom, one trademarks Fruit of the Vine?
I know it's a hypothetical, but in that specific example I seriously doubt you'd get approved.
Likelihood of confusion is the basic test; the more similar something is, the more likely it is to be confused... but the bigger the company the more likely as well.
You can trade-mark it, but you can't be selling the same items, for example>>>>> if your gonna make a wine business.....then fruit of the vine or wine is ok.....good luck
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Kurfuu Clothing Company WWW.KURFUU.COM
If you want to sell the same type items, forget the trademark and go with a parody. But be ready to defend the parody. Few ever win that aren't comical. If it's not funny it's a straight up rip off in court.
Variations on a trademarked name? 
Re: Variations on a trademarked name? 
