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Can a magazine have same name as book

Jacksonville, FL |

From what I understand there are plenty of magazines named after books like entertainmen magazines.For example pulse magazine or should I say "the "pulse magazine which I'm sure didn't matter was named after the pulse book.Also there is several others some people even go as far as calling themselves pulse magazine .org or other things.So I'm assuming when a book trademarks they can only choose publication but in the "book" category"It does not apply in the magazine category?These are very generic names I see..

Attorney Answers 4

Posted

There is no one answer. Whether a magazine can lawfully adopt the name of a book depends on the name and the book.

The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

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Posted

You're back! Reno pulse and pulse of Reno, I think, but this time with an even more muddled question. You get second place 4A.

Books and magazine are both in Class 016 Paper Goods and Printed Matter so your latest assumption is also wrong.

Here's an plan. Get a trademark attorney and quit stressing over this. You are just raising your PULSE with this continuing heartbeat [PULSE] of PULSE questions.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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Posted

This is a fairly complicated legal issue that requires an attorney. As my colleagues have answered, these trademark issues are very fact-specific. Any trademark infringement analysis generally entails a 12-factor analysis focusing on the similarities of the marks, the goods, the markets, the consumers, the typical purchasing behavior for such goods/services, the intent of the parties, etc.

Yes, books and magazines are both classified in International Class 16 but the international classification system is ultimately an administrative mechanism of trademark offices and does not determine whether goods/services are sufficiently related to be unable to share the same or similar mark. In the case of books and other publications, the nature of the publication, its subject matter and targeted audience are highly pertinent. Moreover, a book title for a single book cannot function as a trademark and therefore likely may not be protectable. A trademark for publications must refer to the source of a series of publications. That is why a magazine title may be a valid mark whereas a book title is not.

It sounds like you've received a lot of answers on this or related questions so I won't elaborate further. The recommendation to seek legal counsel qualified in trademark law must be clear enough to you now.

Alex Butterman is a trademark attorney with Staas & Halsey LLP (http://www.staasandhalsey.com), a Washington, D.C. IP boutique law firm. Alex is admitted to the bars of Washington, D.C., New York and New Jersey but, unless otherwise specified, the answer is intended to be general enough to apply to any U.S. state and based primarily upon his knowledge and experience with applicable federal laws. The opinions expressed are those of the author and do not necessarily reflect the views of his firm, Avvo or other attorneys. This answer is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship or obligations are established herein, although consulting an attorney to discuss your specific situation is strongly recommended. This is especially true of trademark law because TM law is so fact-specific and full of esoteric nuances and exceptions that could easily result in a critical legal error without proper advice from experienced trademark counsel.

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Posted

You are still trying to salvage a branding decision that was made without the benefit of legal counsel. The answer remains the same. The issue is whether there is a likelihood of consumer confusion. Courts consider numerous specific factors to ascertain whether there is confusion, but there often can be consumer confusion between the name of a book and the name of a magazine. Your attempt to rely on technical distinctions between international classifications gets you nowhere. What matters in court is whether there is consumer confusion. You clearly have a consumer confusion problem with your proposed use of the term "Pulse", Change the name and move on to something more productive. And next time when you brand your magazine, work closely with intellectual property counsel during the process of selecting the brand name.

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