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TM question!!!



 
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Old March 12th, 2009 Mar 12, 2009 4:53:15 PM -   #1 (permalink)
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Default TM question!!!

hey everyone, I hope this is the right spot for this post --- if not Rodney and others, I am sorry! lol


Well I was searching the TM database and noticed that a phrase I really really love is Trade marked. i wanted to put the phrase on a shirt for sale. Am I allowed? I think the phrase is trademarked for a company name but I am not sure.. I haven't found the phrase on any shirts, thats what motivated me so much to print it on a Foil print with just text no pictures.




Thanks for the help in advance.
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Old March 12th, 2009 Mar 12, 2009 5:49:21 PM -   #2 (permalink)
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Default Re: TM question!!!

The category it's trademarked in will be listed on the USPTO site. Click on it for the extended entry.

If it's trademarked in 025 (clothing) you're out of luck. If it isn't, you may or may not be.
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Old March 12th, 2009 Mar 12, 2009 6:56:25 PM -   #3 (permalink)
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Default Re: TM question!!!

i think it is.. I guess I am screwed . ARG. It would have made a nice shirt too. Then I tried another phrase and its TM'ed in pretty much everything but clothing, should i TM it for clothing before I make the shirt with it on?

Thanks SOL
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Old March 12th, 2009 Mar 12, 2009 7:02:47 PM -   #4 (permalink)
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Default Re: TM question!!!

Applications are non-refundable and I seriously doubt you'd get it (since you haven't used it there's nothing establishing it as associated with your brand, and the fact that it's heavily trademarked in other categories suggests it's a common phrase). So no, I wouldn't recommend attempting to trademark it.
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