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Could a trademark slogan include the name of another company?

New York, NY |

For example, if the slogan is for a laptop case that protects Mac laptops, could you trademark "Protect your Mac's back".

Attorney Answers 5

  1. See my response to your identical question.

    The above response 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.

  2. Probably not, but It really depends on the goods and services that you wish to register your trademark. For example, if it is in the same international classification as a registered trademark, you will likely never get past the Trademark Office as there will be a rejection for a likelihood of confusion. To say the least, you can bet that Apple will take issue with use of their trademark by another in a related field.

    The answer to this question is for informational purposes only and does not form an attorney-client relationship.

  3. Please see my response to your other posting.

    DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.

  4. Please do not double post. That wastes everyone's time.

    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.

  5. Probably not, but your exact proposed trademark would have to be reviewed by counsel. Trademarks identify the source of goods and services, and the purpose of trademark law is to avoid consumer confusion. You cannot use the name of another famous company in a trademark if it might suggest that your company and its products are officially associated with or endorsed by this company.

    Trademark law also prohibits conduct which dilutes or tarnishes the value of a trademark. The company who's trademark you use might not want to be associated with your products, you and your company, and they might argue that this would dilute the value of its trademark and tarnish its reputation. Notice, for example, how companies that cell chargers for I Phones almost uniformly avoid use of "Apple" in their advertising and promotional materials. Apple would sue them in a heartbeat. That is your problem here.

    Before selecting any trademark for your company, you should retain legal counsel to conduct a trademark clearance analysis. Failure to do so is almost always disastrous. Don't use this web-site or others like it as a substitute for retaining legal counsel.