Legal Question in Intellectual Property in Florida

If someone has a trademark, for example, a blue cross, with the words, "blue cross of health circling around the blue cross, and the entire logo is a registered trademark.... my question is, is the blue cross itself protected, or can I register the blue cross itself as my trademark. (this is just a close example, not the actual case itself)


Asked on 9/17/09, 2:42 am

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

With just a close example, one cannot possibly tell you it is okay or not. Furthermore, you cannot get a freedom to operate opinion from this website. You have to hire an IP attorney.

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Answered on 9/17/09, 8:10 am
Seshadri Srinivasan www.lawconcern.com

It would depend on exact fact of your case.

A parallel example solution may not be suitable for your case and each case is unique.

It is possible that part of an over all trade mark may be distinguishable and hence you may be able to register as a separate trade mark. But this is only a general observation and you must get an opinion facts-specific.

S.Seshadri Esq.,

www.lawconcern.com

emails: [email protected]

[email protected]

S.Seshadri Esq.,

www.lawconcern.com

emails: [email protected]

[email protected]

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Answered on 9/18/09, 9:41 am


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