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Is it illegal to use the word "Vogue" in my trademark?

New York, NY |

Vogue is a magazine but I would be using the word Vogue combined with another word as a name of a clothing company. Also, I will not be using the same all caps font as VOGUE.

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Attorney answers 4

Posted

VOGUE for clothing? No probably that won't fly.
Advanced Magazines Publishers, Inc. [you know them as "Vogue" magazine] has that registered for clothing (tee shirts). You would be pretty much screwed if you did that.
http://tsdr.uspto.gov/#caseNumber=76316168&caseType=SERIAL_NO&searchType=statusSearch
Expect to hear from an aggressive NY law firm if you try that stunt.

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.

Bruce E. Burdick

Bruce E. Burdick

Posted

And, that Class 25 VOGUE trademark registration of AMP is "incontestable" except on very limited grounds. Back to square one for you unless you want to go bankrupt.

Daniel Nathan Ballard

Daniel Nathan Ballard

Posted

See the federal trademark registrations for VOGUE VIRILE [ http://goo.gl/cuHbXo ] to brand clothing and for E BASIC VOGUE [ http://goo.gl/jTLuyX ] to brand clothing --- neither of which is owned by the company Attorney Burdick believes has the exclusive right to use VOGUE to brand clothing. Asker, speak with your own trademark attorney.

Posted

Don't. Maybe VAGUE would work... check with your friendly local trademark attorney for clearance first, though.

I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.

Posted

I'm less pessimistic than my colleagues and think that it could be lawful to include "Vogue" in the name of a clothing company -- depending on the type of clothing being sold. There are a number of companies that sell clothes under a federally registered trademark that includes the word "Vogue" and a number of others using federally registered trademarks to brand fashion items. Speak with a New York-licensed trademark attorney. Good luck.

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.

Posted

While it may be possible, you run a big risk in doing so because Vogue is a famous brand and has the resources to fight you if they simply felt threatened by your mark. The problem you have is that you may not know its coming until much later. That is, even if you successfully advocated the mark through the USPTO, they are still free to file a petition to cancel later and force you to respond. This will get expensive fast; we just went through one with Apple, which was a similar scenario.

If, however, you are very settled on this trademark, then you have to still conduct the proper clearance. As my colleague notes, there are other marks out there that use the word "vogue" that you need to be aware of beyond the famous magazine.

Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a detailed explanation of the due diligence process.

I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

Best regards,
Frank
Natoli-Lapin, LLC

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.

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