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question about the name of a clothing brand??



 
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Old February 2nd, 2008 Feb 2, 2008 10:10:19 PM -   #1 (permalink)
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Default question about the name of a clothing brand??

Alright well there is a clothing company with the same name as I want to use now I dident copy them I had already thought of the name and did some research and found this company. Say the name of the company is reward(example) with a R as there logo say this companys shirts are for motocross and my company is called reward with a R as my logo but both R's are unigue and original and my company shirts are for wrestling. Is this ilegal?? can you trade mark a word like reward or any other word really that you can find in the dictionarie???????
 
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Old February 2nd, 2008 Feb 2, 2008 10:29:00 PM -   #2 (permalink)
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Default Re: question about the name of a clothing brand??

Yes, you can trademark a "regular" word that you find in the dictionary if you are using that word to create your brand.

It doesn't matter that you are going after different markets with your products. If the other company is selling clothing under a certain name, and you WANT to sell clothing under the same name, you're going to have to look for a different name.

Tapout for instance is geared toward MMA. But, I couldn't use a different logo using the word tapout and market it to tap dancers.

Hope this helps.
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Old February 2nd, 2008 Feb 2, 2008 10:42:51 PM -   #3 (permalink)
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Default Re: question about the name of a clothing brand??

I have a similar question. If a company has CLEAN THE RAIN registered for clothing line could i use CLEAN RAIN instead ?


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Old February 2nd, 2008 Feb 2, 2008 10:52:58 PM -   #4 (permalink)
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Default Re: question about the name of a clothing brand??

well i know they have there logo trademarked but im pretty sure they dont have reward(example) tradmarked. Could i still use it if they dont have reward tradmarked? Because Ive had this word for my clothing brand since ive been dreaming of it and i dont want to change it at all.
 
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Old February 2nd, 2008 Feb 2, 2008 11:05:59 PM -   #5 (permalink)
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Default Re: question about the name of a clothing brand??

Registered, or not, it belongs to them.

Sorry, it doesn't matter how long you've dreamed of it, they made it first.
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Old February 2nd, 2008 Feb 2, 2008 11:08:50 PM -   #6 (permalink)
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Default Re: question about the name of a clothing brand??

Quote:
Originally Posted by vcam6
I have a similar question. If a company has CLEAN THE RAIN registered for clothing line could i use CLEAN RAIN instead ?


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I really doubt it.

The thing to remember about trademarks is that part of their purpose is to keep from causing confusion to consumers in the marketplace.

Having the same name, and selling clothing, causes confusion.

Taking or adding a word that really has no real bearing on the name such as "the" doesn't eliminate the confusion.
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Old February 2nd, 2008 Feb 2, 2008 11:14:43 PM -   #7 (permalink)
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Default Re: question about the name of a clothing brand??

thanks Comin'OutSwingin
 
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Old February 2nd, 2008 Feb 2, 2008 11:19:13 PM -   #8 (permalink)
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Default Re: question about the name of a clothing brand??

Quote:
Originally Posted by Comin'OutSwingin
Registered, or not, it belongs to them.

Sorry, it doesn't matter how long you've dreamed of it, they made it first.
are you sure?? ok this company is called relentlessclothing and I have a company called relentlesswrestling i would be doing somthing ilegal if i sold my shirts???
 
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Old February 2nd, 2008 Feb 2, 2008 11:45:55 PM -   #9 (permalink)
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Default Re: question about the name of a clothing brand??

You could quite possibly be getting a cease and desist from them.

I wouldn't be surprised if that happened at all.

Then, it would be up to you to decide how you were going to proceed.

I honestly think it's a very uphill battle. Part of the problem is that they are marketing to a certain sport, and you would be doing the same.

It's very reasonable to think that the courts would think that you could cause some confusion.
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Old February 2nd, 2008 Feb 2, 2008 11:50:36 PM -   #10 (permalink)
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Default Re: question about the name of a clothing brand??

Basic Facts, Trademarks
 
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